Adams v. State of Wisconsin Livestock Facilities Siting Review Bd., 2012 WI 85 (Wis. Sup. Ct. 2012)

(livestock facility sought siting permit from local government under new statewide siting Law; town approved permit with conditions; facility appealed to Siting Board, which upheld granting of permit but removed conditions outside scope of town’s ability to require; town appealed and circuit court held that Siting Board must either uphold permit or send matter back to township for review; facility appealed and court of appeals overturned circuit court and held Siting Law preempted local authority on permit issue, and that town exceeded its authority by not adopting any findings of fact to support its regulations, and Siting Board is not limited to reversals or affirmances; town petitioned for further review; state Supreme Court held Siting Law clearly preempted local authority to regulate livestock facilities and provides uniform state standards;  local authorities preempted from disapproving livestock siting permits unless ordinance is passed before application for permit is filed and is based on reasonable and scientifically defensible findings of fact; town’s additional requirements imposed on facility in this case impermissible without reasonable and scientific fact-finding to support requirements; Siting Board entitled to modify improper permit requirements rather than merely remand back to local government; dissent argued that withdrawing powers from local governments to regulate facilities is unreasonable interpretation of statute and creates absurd result).