City of Milwaukee v. Public Service Commission

Wisconsin Supreme Court

City of Milwaukee v. Public Service Commission

12 N.W.2d 606, 244 Wis. 73

DecidedOctober 11, 1943

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This text of 12 N.W.2d 606 (City of Milwaukee v. Public Service Commission) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Milwaukee v. Public Service Commission, 12 N.W.2d 606, 244 Wis. 73 (Wis. 1943).

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Barlow, J.

The right of the city of West Allis to extend water service to the Lapham-Orchard Sanitary District was granted on a previous application to the Public Service Commission of Wisconsin, and was before this court in Milwaukee v. Public Service Comm. (1939) 232 Wis. 397, 287 N. W. *75 682. The only question before the court at this time is the reasonableness of the rules and rates for this service. This affects the city of West Allis and the patrons in the district to be served. None of them has appealed. The fact that the city1 of Milwaukee may be selling water to the city of West Allis does not make it a party in interest which entitles it to maintain an action to set aside an order of the Public Service Commission fixing the rates to be charged by the city of West Allis. The court properly rejected the evidence offered by the plaintiff. This case is ruled by Milwaukee v. Public Service Comm., supra.

Appellant contends that it has a right to have determined in this action the authority of the city of West Allis to extend its water service to the town of Greenfield, which may place additional burdens on Milwaukee’s water utility, under its contract, express or implied, to furnish water to the city of AVest Allis, and that, if the subject matter is not properly before the commission and the court in the proceeding to establish rates for the service rendered to the town of Greenfield, it is properly before the court under the rule that two causes of action can be joined in one complaint, even though there be different forms of relief as against different defendants and different forms of relief in one action, citing State v. P. Lorillard Co. 181 Wis. 347, 193 N. W. 613.

The position of the appellant cannot be sustained. This is a proceeding before the Public Service Commission to establish rates for service to be rendered by the city of West Allis. Nothing more was before the commission. The commission properly refused to permit appellant to try issues existing between it and the city of West'Allis at the hearing. It is proper for a party in interest to bring an action in circuit court to review the reasonableness of the order. It is held in this case that the city of Milwaukee is not affected by the order and so has no interest which entitles it to maintain an action to set the order aside. To hold that the appellant has a right to *76 bring this action and maintain it under the rule of law claimed would be to say that a stranger to a .proceeding could come into court at any time and bring an action to review an order of the commission to enable him to try out a difference existing between the third party and some party to the hearing before the commission. The appellant does not come within the rule of law it is attempting to invoke. If a difference exists between the city of Milwaukee and the city of West Allis it must proceed before the Public Service Commission or the courts, as the facts and the law in the case require.

By the Court.- — Judgment affirmed.

The following memorandum was filed January 18, 1944:

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Barlow, J.

The right of the city of West Allis to extend water service to the Lapham-Orchard Sanitary District was granted on a previous application to the Public Service Commission of Wisconsin, and was before this court in Milwaukee v. Public Service Comm. (1939) 232 Wis. 397, 287 N. W. *75 682. The only question before the court at this time is the reasonableness of the rules and rates for this service. This affects the city of West Allis and the patrons in the district to be served. None of them has appealed. The fact that the city1 of Milwaukee may be selling water to the city of West Allis does not make it a party in interest which entitles it to maintain an action to set aside an order of the Public Service Commission fixing the rates to be charged by the city of West Allis. The court properly rejected the evidence offered by the plaintiff. This case is ruled by Milwaukee v. Public Service Comm., supra.

Appellant contends that it has a right to have determined in this action the authority of the city of West Allis to extend its water service to the town of Greenfield, which may place additional burdens on Milwaukee’s water utility, under its contract, express or implied, to furnish water to the city of AVest Allis, and that, if the subject matter is not properly before the commission and the court in the proceeding to establish rates for the service rendered to the town of Greenfield, it is properly before the court under the rule that two causes of action can be joined in one complaint, even though there be different forms of relief as against different defendants and different forms of relief in one action, citing State v. P. Lorillard Co. 181 Wis. 347, 193 N. W. 613.

The position of the appellant cannot be sustained. This is a proceeding before the Public Service Commission to establish rates for service to be rendered by the city of West Allis. Nothing more was before the commission. The commission properly refused to permit appellant to try issues existing between it and the city of West'Allis at the hearing. It is proper for a party in interest to bring an action in circuit court to review the reasonableness of the order. It is held in this case that the city of Milwaukee is not affected by the order and so has no interest which entitles it to maintain an action to set the order aside. To hold that the appellant has a right to *76 bring this action and maintain it under the rule of law claimed would be to say that a stranger to a .proceeding could come into court at any time and bring an action to review an order of the commission to enable him to try out a difference existing between the third party and some party to the hearing before the commission. The appellant does not come within the rule of law it is attempting to invoke. If a difference exists between the city of Milwaukee and the city of West Allis it must proceed before the Public Service Commission or the courts, as the facts and the law in the case require.

By the Court.- — Judgment affirmed.

The following memorandum was filed January 18, 1944:

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