Krueger v. AllEnergy Hixton, LLC, 2018 WI App 60, 918 N.W.2d 458 (2018).
Aug 09, 2018OUTCOME: Case resulted in a published Wisconsin Court of Appeals decision confirming the viability of anticipatory nuisance claims in the context of frac sand mining facilities adjacent to residential properties.
Residential homeowners sued AllEnergy Hixton, LLC, under the legal theory of anticipatory nuisance relating to a proposed frac sand mine. AllEnergy filed a motion to dismiss, contending that Wisconsin ... case law on that issue no longer recognized such a claim.
