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• Title: Milwaukee Brewers Baseball Club V.
• Author : Supreme Court of Wisconsin
• Release Date : January 12, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This case comes to us on bypass of the court of appeals and is an appeal from the order of the circuit court of Milwaukee county, Honorable Clarence R. Parrish, holding that the Milwaukee Brewers Baseball Club, et al. (Petitioners) had standing to challenge the Wisconsin Department of Health and Social Services' (Department's) Final Environmental Impact Statement (FEIS) and that the FEIS was inadequate in respect to its consideration of alternative prison sites and in respect to the possible environmental impacts on the Petitioners. Petitioners conduct business at or near the proposed prison site. 1 The entrance to the proposed site is across the street from one of the main entrances to Milwaukee County Stadium's parking lot, a distance of approximately one hundred feet. This appeal is not concerned with the constitutionality of the prison legislation nor with the wisdom or necessity of placing the prison in the Menomonee Valley. The issues presented on appeal are: (1) Did the Petitioners have standing to bring an action seeking review of the administrative decision determining the FEIS to be adequate, if so, (2) Was the FEIS adequate? We conclude that the Petitioners did have standing to challenge the adequacy of the FEIS. Because we conclude in Milwaukee Brewers Baseball Club, et al. v. Wisconsin Department of Health and Social Services, et al., (case no. 85-0164), 130 Wis. 2d 79, 387 N.W.2d 254 (majority opinion at 83), that 1983 Wis. Act 27, sec. 2020(32m)(f), which forbids the Department from holding a contested case hearing on the FEIS, violates the Wisconsin Constitution's guarantee of equal protection and is therefore stricken, we do not decide the issue of the adequacy of the FEIS, and remand the case to the circuit court with directions to remand to the Department for a contested case hearing on the disputed issues of material fact. Accordingly, we affirm in part and reverse in part, and remand the case to the circuit court. Prison overcrowding has been a problem in this state since the mid-1970's. Fox v. DHSS, 112 Wis. 2d 514, 519, 334 N.W.2d 532 (1983). 2 In response to this critical problem, the legislature included prison siting legislation in the 1983 Executive Budget Bill, 1983 Wis. Act 27 (the Act). The Act took effect on July 1, 1983. Though the legislature reaffirmed its commitment to the Wisconsin Environmental Policy Act (WEPA), in the Act, it stated that the issue of prison siting necessitated an expedited environmental review and required the direct action of the legislature in establishing the site for any new metropolitan correctional institution. 1983 Wis. Act 27, sec. 2020(32g)(b). Accordingly, the legislature selected the Menomonee Valley in the City of Milwaukee as the site for the proposed prison. Section 46.05(1 o) (a), Stats. 3 To further expedite the planning, design and construction of the proposed prison, the legislature established a timetable for the Department's preparation and release of an environmental impact statement. 1983 Wis. Act 27, sec. 2020(32m)(g). Furthermore, the Act authorized state agencies to engage in preliminary activities, such as land acquisition and architectural planning, concurrent with the Department's preparation of the environmental impact statement. 1983 Wis. Act 27, sec. 2020(32m)(c).

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