In Re the Conditional Use Permit Denied to Meier

ECKRICH, Circuit Judge.

[¶ 1.] Mark Meier (Meier) appeals from a circuit court judgment which affirmed the Aurora County Board of Commissioners’ (Board) decision to deny Meier a conditional use permit (CUP) for two large hog confinement operations. This is the second appeal arising from the Board’s December 1997 denial of the CUP. The first appeal 1 held, among other things, that the trial court improperly granted Board a directed verdict at the close of Meier’s case in chief. The trial court’s judgment was affirmed in part, reversed in part, and remanded to the trial court with instructions…