Fox River Paper Co. v. R.R. Comm'n
Decision Date | 06 April 1926 |
Citation | 208 N.W. 266,189 Wis. 626 |
Parties | FOX RIVER PAPER CO. ET AL. v. RAILROAD COMMISSION. |
Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.
Action by the Fox River Paper Company and others against the Railroad Commission to review an order of said Railroad Commission. From the judgment for defendant, plaintiffs appeal. Affirmed by operation of law.
This action was brought in the circuit court for Dane county to review an order of the Railroad Commission. On May 13, 1925, the plaintiff presented to the Railroad Commission an application for a permit to operate and maintain an existing dam constructed without legislative authority across the Fox river in the city of Appleton. The application stated the faces required to be stated under section 31.07, Stats., but did not contain the proposal required to be stated by subsection 3 of section 31.09, Stats. This provision requires:
The consent on the part of the applicant “that the permit, if granted, shall be granted and accepted subject to the express condition that the state of Wisconsin, if it shall have the constitutional power, or any municipality, on not less than one year's notice, at any time after the expiration of thirty years after the permit becomes effective, may acquire all of the property of the grantee, used and useful under the permit, by paying therefor, the cost of reproduction in their then existing condition of all dams, works, buildings, or other structures or equipment, used and useful under the permit, as determined by the commission, and by paying in addition thereto the value of the dam site and all flowage rights and other property as determined by the commission prior to the time the permit was granted, as provided in subsection (1), plus the amounts paid out for additional flowage rights, if any, acquired after the valuation made by the commission as provided in subsection (1); and that the applicant waives all right to any further compensation.”
Because the application for the permit did not contain this proposal or consent the Railroad Commission dismissed the application.
The complaint in this action prayed judgment directing the said Railroad Commission to take jurisdiction of said application and fix a time and place for a public hearing thereon and proceed thereon to a final determination as provided by the Statutes of Wisconsin.
The plaintiff claims that the provision of the Statutes requiring the applicant to...
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