American Hog Company v. County of Clinton

WASSERSTROM, Judge.

Plaintiff brought this declaratory judgment suit for a determination that it has a right to operate its hog-feeding farm as a nonconforming use under the Clinton County Zoning Order and Subdivision Regulations. The defendant County filed a motion to dismiss on the ground that the plaintiff had failed to follow the proper statutory procedure, and the County also filed an answer denying the allegations on the basis of which plaintiff claimed a continuing right to a nonconforming use.

The trial court did not rule on the motion to dismiss. However, after hearing evidence, the…