GREEN BAY, WI (WTAQ) - A judge could decide today whether the city of Green Bay acted outside its jurisdiction when it rescinded a conditional use permit for a waste to energy facility.  The city of Green Bay and the Oneida Seven Generations Corporations go head to head this afternoon in the courtroom over the city’s actions in mid-October that left a more than $20 million dollars project in the air. 

The city held a quasi-public hearing to hear evidence converning accusations of lies and misrepresentations on the part of OSG concerning emissions and claim of no smoke stacks or what they call exhaust pipes. 

The Oneida’s filed a lawsuit in November asking a judge to overturn the city’s action. 

The lawsuit claims the city failed to articulate the basis for the decision, it was arbitrary and unreasonable, and was not based on substantial evidence.