Wisconsin court rules gas markup is legal

Published On: May 10 2012 10:42:09 AM CDT   Updated On: May 10 2012 10:40:16 AM CDT

MADISON, Wis. (AP) -- A state appeals court says Wisconsin's minimum gas markup law is constitutional.

The 4th District Court of Appeals ruling affirms Dane County Circuit Judge Maryann Sumi's decision to reject a Merrill gas station owner's claims that the law violates the Wisconsin Constitution's equal protection clause.

Raj Bhandari filed a lawsuit in 2007 arguing the minimum markup law unfairly singles out gasoline retailers for regulation. Sumi ultimately sided with state regulators and dismissed the lawsuit.

The appeals court sided with Sumi, concluding the law serves the Legislature's goal of achieving fair prices.

Bhandari's attorney, Robert McNamara, says he'd disappointed. He says all the law does is stifle competition and innovation.