Wis. Realtors Ass’n v. Pub. Serv. Comm’n of Wis.Annotate this Case
Plaintiffs, referred to collectively as the Wisconsin Realtors Association (WRA), filed a complaint against Defendant, the Public Service Commission of Wisconsin (Commission), arguing that Wis. Admin. Code ch. PSC 128 - titled “Wind Energy Systems” - is invalid because it was promulgated by the Commission without compliance with statutory rule-making procedures. The specific issue presented in this case was whether, under Wis. Stat. 227.115(2), the Department of Commerce was required as a matter of law to prepare a housing impact report before Wis. Admin. Code ch. PSC 128 was submitted to the Legislative Council staff for review. The circuit court granted summary judgment to the Commission, concluding that Wis. Admin. Code ch. PSC 128 was duly promulgated. The Supreme Court affirmed, holding (1) WRA did not demonstrate that a housing impact report was required as a matter of law for Wis. Admin. Code ch. PSC 128; and (2) invalidating Wis. Admin. Code ch. PSC 128 under the circumstances would infringe on the role of the legislature, which the Court declined to do.