City Of Green Bay’s Brief To The Wisconsin Supreme Court Regarding Oneida Seven Generations Corporation’s & Green Bay Renewable Energy’s Lawsuit

Page 40:

There is no question that OSGC made the “no stacks” claim and stated that the carbon and ash would go right into “organic farming.” The fact is that OSGC always inteded there to be significant stacks and originally proposed stacks as high as 60 feet until it learned that would violate the area height restrictions.

Page 41:

OSGC’s claim that the Facility’s by-product could be used in organic farming also turned out to be untrue. …The Court of Appeals did not address this misstatement.

The only possible way for the Court of Appeals to have reached the conclusions that it did given the clear and unambiguous statements made by OSGC representatives at the public hearings was by substituting its judgment for the judgment of the Common Council on the City’s real concerns and as to the weight to be given the evidence, which [the Court of Appeals] was not permitted to do.

Page 43:

In its Decision, the Court of Appeals entirely ignores the possibility that the Common Council’s revocation decision was the result of the Common Council losing its trust and confidence in OSGC after, for example, its representatives repeatedly failed to provide clear and convincing answers to the City’s inquiries regarding the hazardous materials that would or would not be emitted from the Facility, the stacks that would or would not be attached to the Facility, and the byproducts produced by the Facility that could or could not be used for organic farming.

Page 44:

At the end of the day, there was substantial – i.e., credible, relevant and probative – evidence presented to the City to sustain a decision by the Council to either revoke or uphold the issuance of the [Conditional Use Permit]. Given this reality, the Court of Appeals erred in weighing the evidence and substituting its judgment for that of the City’s.

Page 46:

The Circuit Court expressly understood how it was to view the evidence. The Court of Appeals’ Decision, on the other hand, is in direct conflict with controlling decisions from this Court.

Oneida Seven Generations Corporation is wholly-owned by the Oneida Tribe of Indians of Wisconsin.

On December 15, 2013, the Oneida Tribe of Indians of Wisconsin’s supreme governing body — General Tribal Council — voted to dissolve OSGC.

 Leah Dodge, a tribal member opposed to [OSGC’s incinerator] project, said she hopes members of the Supreme Court agree that [OSGC] misrepresented the environmental risks when seeking Green Bay’s approval.

“The misrepresentation is there,” Dodge said. “They have to be able to see that.”


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Abdul Latif Mahjoob / ACTI / AREC / AREI / ARTI ACF Leasing ACF Services Alliance Construction & Design / Alliance GC (Global Conservation) American Combustion Technologies Inc. (ACTI) / American Combustion Technologies of California Inc. (ACTI) / American Renewable Energy Inc. (AREI) / American Renewable Technologies Inc. (ARTI) Artley Skenandore Jr. / Swakweko LLC Atty. William Cornelius Bruce King City of Green Bay Fmr. OBC Chair Cristina Danforth / Tina Danforth Fmr. OBC Chair Ed Delgado Fmr. OBC Sec. Patty Hoeft Fmr. OBC Vice-Chair Greg Matson Fmr. OBC Vice-Chair Melinda Danforth General Tribal Council / GTC Generation Clean Fuels Godfrey & Kahn Green Bay Renewable Energy LLC / GBRE Green Box NA Green Bay LLC Incinerators / Gasification / Pyrolysis / Plastics-to-Oil / Waste-to-Energy Jacqueline Zalim / Jackie Zalim Kelly Van Den Heuvel / Kelly Yessman Kevin Cornelius Mike Metoxen Mission Support Services Nevada LLC / Mission Support Services LLC Nathan King Nature's Way Tissue Corp. OBC Chief Counsel Jo Anne House OBC Vice-Chair Brandon Lee Stevens / Brandon Yellowbird Stevens Oneida Business Committee / OBC Oneida Energy Blocker Corp. Oneida Energy Inc. Oneida ESC Group LLC / OESC Oneida Nation of Wisconsin / Oneida Tribe of Indians of Wisconsin / Indian Country / Thornberry Creek LPGA Classic Oneida Seven Generations Corporation / OSGC Oneida Total Integrated Enterprises / OTIE OPD Lt. Lisa Drew Skenandore / Lisa Skenandore Owen Somers / Oneida Internal Security Director Paul Linzmeyer Pete King III / King Solutions LLC Ron Van Den Heuvel Sustainment & Restoration Services LLC Todd Van Den Heuvel Tsyosha?aht Cathy Delgado Wisconsin Economic Development Corporation / WEDC

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October 2014
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