Krueger v. Allenergy Hixton, LLC

*131¶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 landowners' complaint states a claim. Before addressing that question, we address a preliminary matter: whether, when we assess whether there are allegations sufficient to state a claim, we should consider affidavits submitted after AllEnergy moved to dismiss the complaint. We…