Rush County Board of Zoning Appeals v. Ryse

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Petitioner the Rush County Board of Zoning Appeals (Board) appeals the trial court’s reversal of its determination.

We reverse and remand.

ISSUES

The Board presents two issues for review, which we restate as:

1. Whether the Board’s determination was reasonable and within its discretion.

2. Whether the trial court erred in finding the Ryses’ use of their property was a permitted nonconforming use.

FACTS AND PROCEDURAL HISTORY

On February 6, 1995, Kimberly Diane and Richard A. Ryse (Ryses) applied for a special exception with the Rush County Board of…