AllEnergy Corporation v. Trempealeau County Environment & Land Use Committee

¶ 133.

ANNETTE KINGSLAND ZIEGLER, J.

{concurring). I respectfully concur in the mandate. In my view, the lead opinion and the dissent have made this case much more complicated and potentially more far-reaching in effect than it should be. This case can and should be decided narrowly: ours is a certiorari review.

¶ 134. Our review in this case is limited. On certiorari review we examine:(1) whether the [Trempealeau County Environment & Land Use Committee ("the Committee")] kept within its jurisdiction; (2) whether it proceeded on a correct theory of law; (3) whether its action was arbitrary,…