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Oneida company sues Green Bay regarding waste-to-energy plant

Site of the proposed Oneida Seven Generations Corporation waste-to-energy plant in Green Bay (file photo).

GREEN BAY (WLUK) - The Oneida Seven Generations Corp. and Green Bay Renewable Energy filed a federal lawsuit Friday against the City of Green Bay, seeking damages from a failed waste-to-energy plant project.

In 2010, the Oneida Seven Generations Corp. received city permission to build a power plant fueled by municipal solid waste. However, after construction started, the city revoked the conditional use permit. Now, the tribal corporation is seeking to recover damages.

"The City's irrational decision to revoke the CUP based on a manufactured rationale shocks the conscience and constitutes a violation of OSCG's constitutional right to due process. As a proximate result, OSGC has sustained over $5 million in out-of-pocket expenses, lost profits of approximately $16 million, and substantial legal expenses, including attorney's fees to try to convince the City to reconsider its decision, and to pursue the state court and these federal court proceedings. The City has left OSGC with no choice but to bring this lawsuit seeking to recover the significant damages it incurred as a result," the suit states.

The plantiffs ask for a jury trial. No court dates have been set.

The city has not been formally served with the suit yet, and is not ready to comment at this point, according to the City Attorney's office.

The Wisconsin Supreme Court previously ruled the city improperly revoked the plant's permit.

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