Opinion
No. 92-1359.
Oral argument March 31, 1993. —
Decided April 13, 1993.
APPEAL from a judgment of the Circuit Court for Brown County on bypass from the Court of Appeals: VIVI L. DILWEG, Circuit Judge. Affirmed.
For the intervenors-appellants there were briefs (in the court of appeals and the supreme court) by Michael P. May, Anita T. Gallucci and Boardman, Suhr, Curry Field, Madison and oral argument by Mr. May.
For the respondent-co-appellant there were briefs (in the court of appeals and the supreme court) by Barbara E. James, chief counsel, Electric Division, Public Service Commission of Wisconsin, and oral argument by Ms. James.
For the petitioner-respondent, Northern States Power Company, there were briefs (in the court of appeals and the supreme court) by John D. Wilson, John P. Moore, Jr. and Northern States Power Company, Eau Claire and David J. Hanson and Michael, Best Friedrich, Madison, and oral argument by Mr. Wilson.
For the petitioner-respondent, Wisconsin Public Service Corporation and intervenors-respondents, Wisconsin Electric Power Company Wisconsin Power Light Company, there were briefs (in the court of appeals and the supreme court) by Allen W. Williams, Jr., Bradley D. Jackson and Foley Lardner, Milwaukee and of counsel William D. Harvey and Wisconsin Power and Light Company, Madison and Walter T. Woelfle and Wisconsin Electric Power Company, Milwaukee and oral argument by Mr. Williams.
For the intervenor-respondent, Dairyland Power Cooperative, there was a brief (in the court of appeals) by Jeffrey L. Landsman and Wheeler, Van Sickle Anderson, S.C., Madison and oral argument by Mr. Landsman.
The court is equally divided on the question of whether to affirm or reverse the judgment of the circuit court for Brown county. Justice DAY, Justice STEINMETZ, and Justice CECI would affirm; Chief Justice HEFFERNAN, Justice ABRAHAMSON, and Justice BABLITCH would reverse. Justice WILCOX did not participate.
Accordingly, the judgment of the circuit court is affirmed.