Legal Opinion

State ex rel. Earney v. Buffalo County Board of Adjustment

Court of Appeals of Wisconsin

Decided April 5, 2016No. 2015AP1762PublishedCited by 1 opinion

1Opinion of the Court

1. KESSLER, J.

Gerald and Cheryl Earney, the Mississippi Connection Land and Timber Company, LLC, and Wisconsin Bluff Sands, LLC (f/k/a Badger Bluff Sands, LLC) (collectively "Earney"), appeal an order affirming, on certiorari review, the Buffalo County Board of Adjustment's ("the Board") decision to deny Earney's application for a Conditional Use Permit ("CUP") to operate a frac sand mine in the town of Waumandee. We affirm.

BACKGROUND

¶ 2. On July 23, 2013, Earney filed a CUP application for a nonmetallic mine and wet processing facility to be located on the Schoepps Valley Road in Waumandee.…

2Cases cited3 opinions

  1. Delta Biological Resources, Inc. v. Board of Zoning AppealsCourt of Appeals of Wisconsin · 1991
  2. Nugent v. SlaghtCourt of Appeals of Wisconsin · 2001
  3. Roberts v. Manitowoc County Board of AdjustmentCourt of Appeals of Wisconsin · 2006

3Cited by1 opinion

  1. WSPR Enterprise LLC v. Town of Spring PrairieDistrict Court, E.D. Wisconsin · 2022

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