Flat Rock Wind, LLC v. Rush County Area Board of Zoning Appeals

Riley, Judge.

STATEMENT OF THE CASE

Appellant-Petitioner, Flat Rock Wind, LLC (Flat Rock), appeals the trial court’s decision, affirming Appellee-Re-spondent’s, Rush County Area Board of Zoning Appeals (BZA), grant of Flat Rock’s amended application to construct a commercial Wind Energy Conversion System, subject to the requirement to locate each industrial wind turbine at least 2,300 feet from a non-participating owner’s property line. 1

We affirm.

ISSUES

Appellant raises two issues on appeal, which we restate as follows:(1) Whether the trial court abused its discretion in permitting a group of…