KRUEGER v. ALLENERGY HIXTON, LLC

Appeal No. 2017AP1802.

918 N.W.2d 458 (2018)

2018 WI App 60

Greg KRUEGER, Annette Krueger, Don Cramer, Mary Sue Cramer, Willard Schuld and Ginny Schuld, Plaintiffs-Appellants-Cross-Respondents, v. ALLENERGY HIXTON, LLC, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Filed August 9, 2018.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of Timothy S. Jacobson and Thomas Lister of Fitzpatrick, Skemp & Associates, LLC, La Crosse.

On behalf of the defendant-respondent-cross-appellant, the cause was submitted on the briefs of Catherine R. Munkittrick and Daniel P. Murray of Rodli, Beskar, Neuhaus, Murray & Pletcher, S.C., River Falls.

A nonparty brief was filed by Barry J. Blonien of Blonien Legal Counsel, Madison, for Dean Emeritus James Huffman, Save the Hills Alliance, Inc., and Friends of the Black River, Inc.

A nonparty brief was filed by Henry E. Koltz of Schmidt, Darling & Erwin, Milwaukee, for Wisconsin Trout Unlimited, Inc.

Before Lundsten, P.J., Blanchard and Fitzpatrick, JJ.


¶ 1 A group of Town of Hixton landowners sued AllEnergy Hixton, LLC, seeking a permanent injunction that would stop AllEnergy from constructing a frac sand mine in the town. The circuit court granted AllEnergy's motion to dismiss the landowners' complaint. The landowners appeal.

¶ 2 The question here is whether the...

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