Steuben County v. National Serv-All, Inc.

HOFFMAN, Presiding Judge.

Respondent-appellant David O. Mann appeals the trial court's decision reversing the Steuben County Board of Zoning Appeals.

The facts relevant to this case disclose that on December 10, 1984 the Steuben County Board of Zoning Appeals (BZA) granted a special exception so that Apollo Disposal, Inc., the operator of the existing landfill, could use an adjoining 80.3 acres for landfill purposes. The BZA imposed the following conditions upon the grant of the special exception:

"[The new 830.8 acres will not be used for any dumping for a period of 10 years, also if the…