Life Medical System, Inc. v. Franklin County Commission

GRIMM, Judge.

Petitioners appeal from the circuit court’s dismissal of their petition for judicial review. The circuit court concluded it did not have jurisdiction. We disagree and remand for further proceedings.

I. Background

In 1987, respondent J.Z. Disposal applied to the Franklin County Commission for a conditional use permit to construct and operate a “solid waste transfer facility.” A conditional use permit was required because the proposed facility was to be located within a “Community Development District.”

Pursuant to Franklin County’s Zoning Order, the County Commission referred J.Z.…