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O'CONNOR v. BUFFALO COUNTY BD. ADJUSTMENT

No. 2013AP2097.

847 N.W.2d 881 (2014)

2014 WI App 60

Mike O'CONNOR, Plaintiff-Appellant, v. BUFFALO COUNTY BOARD OF ADJUSTMENT, Defendant-Respondent, Glacier Sands, LLC, Intervening Defendant-Respondent. School District of Cochrane-Fountain City, Plaintiff, v. Buffalo County Board of Adjustment, Defendant-Respondent, Glacier Sands, LLC, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 22, 2014.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John C. Ekman and Karla M. Vehrs of Lindquist & Vennum LLP, Minneapolis, Minnesota.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ronald Stadler of Gonzalez Saggio & Harlan, LLP, Milwaukee.

On behalf of the intervening defendantrespondent, the cause was submitted on the brief of Michael P. Screnoek and Joseph D. Brydges of Michael Best & Friedrich LLP, Madison.

Before HOOVER, P.J., MANGERSON and STARK, JJ.

STARK, J.

¶ 1 Mike O'Connor appeals an order affirming the Buffalo County Board of Adjustment's decision to grant R & J Rolling Acres, LLP, (R & J) a conditional use permit (CUP) to operate a "frac sand" mine. O'Connor argues the Board proceeded on an incorrect theory of law and acted "arbitrarily, unreasonably, and outside its jurisdiction[.]" We reject O'Connor's arguments and affirm.

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