Wisconsin Court Rejects Sand Mining Proposal
Motion for Summary Judgement
Excerpt from Motion for Summary Judgement:
PLEASE TAKE NOTICE that, on June 13, 2016, at 1:45 p.m., Plaintiff's counsel will bring the following motion before the Hon. Carmaine Sturino, Judge of District Court, at the Houston County Justice Center, 306 South Marshall, Caledonia, MN 55921.
NOTICE OF MOTION Plaintiffs move the Court for an order granting Plaintiffs summary judgment against Defendants on the following grounds:
MOTION 1. The decision of the Houston County Board of Adjustment dated September 22, 2015, was arbitrary, capricious, unreasonable, and without lawful, rational, or factual Court File No. 28-CV-15-770 CIV-434 | 05/2011 2 grounds supporting the decision.
2. The decision of the Houston County Board of Adjustment dated September 22, 2015, is not supported by substantial evidence in the record of the proceedings
3. The decision of the Houston County Board of Adjustment dated September 22, 2015, was procedurally flawed in that the Board of Adjustment failed to follow the requirements of the Houston County Zoning Code and Minnesota Law in conducting the proceedings and reaching its decision.
This motion is based upon the Court's records and proceedings, upon Minn. R. Civ. P. 56, and upon Minn. Gen. R. Prac. 115.03.
NELSON LAW OFFICE Dated: May 16, 2016 Bruce A. Nelson /s/ Bruce A. Nelson MN# 194827 64 West Third Street P.O. Box 1181 Winona, MN 55987 Telephone: (507) 474-9155 Email: firstname.lastname@example.org ATTORNEY FOR PLAINTIFFS
From the Land Stewardship Project