Abuse of Discretion – Contempt Motion

By: Derek Hawkins//February 6, 2019//

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WI Court of Appeals – District III

Case Name: Town of Forest v. Public Service Commission of Wisconsin

Case No.: 2018AP367

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Abuse of Discretion – Contempt Motion

The Town of Forest (“the Town”) appeals an order denying its motion to hold the Public Service Commission of Wisconsin (“the PSC”) in contempt of court. The Town also appeals an order dismissing its petition for judicial review of the PSC’s decision granting a certificate of public convenience and necessity to Highland Wind Farm, LLC, (“Highland”) for the construction of an industrial wind energy facility. We conclude the circuit court properly exercised its discretion by denying the Town’s contempt motion. We further conclude the court properly dismissed the Town’s petition for judicial review on the ground that it was barred by the doctrine of claim preclusion. We therefore affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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