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Legal notice

Judge orders AII Energy to amend petition

The Blair Press-Taylor of Blair, Wisconsin

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Last month's decision was only one step in Trempealeau County's legal battle with AIIEnergy.

Judge Elliott Levine did not bar AIIEnergy from seeking damages; the company can file a separate lawsuit. Instead, he required them to amend their initial petition.

The process began last November, when AIIEnergy filled a writ of certiorari regarding Trempealeau County's denial of a sand mine permit.

A writ of certiorari is a request for a higher court to review a lower decision; in this case, AIIEnergy sought to have the circuit court reexamine and overturn the county board's decision.

The county's situation is not unique. With growing numbers of sand mine applications across northwest Wisconsin, both sand mines and their opponents have filed writs following permit applications.

"It puts the counties in a no-win situation," said attorney Ron Stadler, who is representing Trempealeau County in the case.

Judge Levine rejected Al-lEnergy's request to amend their petition and to include supplementary materials.

Because AIIEnergy's brief depended on evidence from the supplementary materials, they were required to submit a new brief by October 6.

The county will then re-is pond.

The hearing for the appeal is set for Nov. 18. The judge can reverse, confirm, or modify Trempealeau County's decision.

In the meantime, the County Board can hear other applications that may be filed.

"I don't think it will have an effect," said attorney

Stadler. "There were specific circumstances," leading to AllEnergy's suit.

In addition to the writ of certiorari, AllEnergy has already begun filing a separate lawsuit for damages as of last weekend, according to President and CEO Dean Suckowatey.

Instead of a single sum, the company is seeking damages at $3.5 million a month, calculated from the permit denial on October 9, 2013.

The amount will continue to compound until an agreement is reached, or the case is concluded.

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Original Publication Date: October 9, 2014

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