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Jurisdiction – Use Permit

By: Derek Hawkins//May 17, 2016//

Jurisdiction – Use Permit

By: Derek Hawkins//May 17, 2016//

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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.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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