Miller v. Browning-Ferris Industries

MANFORD, Judge.

This is a civil action, seeking review of a county planning commission order granting a special use permit for the operation of a sanitary landfill, and for declaratory judgment to determine whether there exists statutory authority for a planning commission in second class counties to issue special use permits. The circuit court dismissed the proceedings upon the finding that petitioners (appellants) lacked capacity to bring this action, because they are not aggrieved parties who have sustained any special injury. This appeal followed.

The parties on this appeal present numerous…