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Developer of trash to energy incinerator files notice of lawsuit appeal

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GREEN BAY, WI (WTAQ) - Oneida Seven Generations Corp. has filed a notice of appeal in its lawsuit against the city of Green Bay for revoking its conditional use permit to build a new kind of trash to energy incinerator.  

OSGC lost its challenge back in January after Brown County Judge Marc Hammer sided with the city in its right to pull their permit over misstatements about smokestacks and emissions. 

Both sides agreed on a bench ruling in the lawsuit. 

Mayor Jim Schmitt says they expected the appeal.

“That’s the legal process, and it will be heard by a judge outside this community” Schmitt said Monday night.   

OSGC filed two lawsuits that were ruled on together. One of the lawsuits sought to hold the city liable for expenses incurred, which at the time of the filing OSGC claimed exceeded $4 million.

“I’m always concerned when we go to court, always, we won in the lower court and we are taking a look at the appeal it’s in the city attorney’s office right now”  Schmitt said. 

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