Madison, Wis. -- The Wisconsin Supreme Court has agreed to hear an appeal concerning the two-year fight over a Brown County transfer station that has been operating for over a year. The county is questioning if a municipality can be stopped from asserting a zoning violation if its elected leaders had erroneously reported that the use was allowed.
The city of Hobart rescinded approval of the site in September 2002 and notified the county on Oct. 1 of that year, many months after the town had accepted a franchise-fee proposal and had asserted the space was properly zoned. The county proceeded with construction, stating it had a legal right, and Hobart then sued to stop construction.
Brown County Circuit Court ruled against Hobart in April 2003, and an appeals court overturned that ruling in February. The station opened in June 2003 and has had more than 135,700 tons of waste pass through.