By: Derek Hawkins//May 17, 2016//
WI Court of Appeals: District III
Case Name: AllEnergy Corporation et al v. Trempealeau county Environment & Land Use Committee
Case No.: 2015AP491
Officials: Hruz, Seidl and Neubauer, JJ.
Focus: Jurisdiction – Use Permit
AllEnergy Corporation and AllEnergy Silica, Arcadia, LLC (collectively AllEnergy) appeal an order affirming, on certiorari review, the Trempealeau County Environment & Land Use Committee’s decision to deny AllEnergy’s application for a conditional use permit (CUP) to establish a silica sand mine. AllEnergy raises a large number of arguments on appeal. Like the circuit court, we reject AllEnergy’s arguments and conclude the Committee did not exceed its jurisdiction, proceeded on a correct theory of law, did not act arbitrarily, and its decision was supported by substantial evidence. Accordingly, we affirm.