Sufficiency of Evidence

By: Derek Hawkins//July 10, 2019//

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WI Court of Appeals – District II

Case Name: Stop the Ongoing Mine Permit, et al. v. Town of Ashford Board of Appeals, et al.

Case No.: 2018AP1843

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Sufficiency of Evidence

Stop the Ongoing Mine Permit (STOMP) appeals from an order of the circuit court affirming, on certiorari review, the Town of Ashford Board of Appeals’ (BOA) decision to grant Batzler Trucking, Inc. a conditional use permit to operate an agricultural sand mine in the Town of Ashford. STOMP argues that the BOA’s decision was not supported by substantial evidence. Like the circuit court, we reject STOMP’s arguments and conclude the BOA 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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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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