Citizens Against Lewis & Clark (Mowery) Landfill v. Pottawattamie County Board of Adjustment

LeGRAND, Justice.

In these consolidated cases, plaintiffs appeal from a decree upholding grant of a conditional use permit by the Pottawatta-mie Board of Adjustment for the operation of a sanitary landfill in that county. We reverse.

This is another in a line of zoning cases dealing with sanitary landfills. Although plaintiffs recognize the necessity for such facilities, they, like everyone else, do not want one near their property. Such cases usually engender bitterness and acrimony. This one is no exception.

The Pottawattamie County Board of Adjustment (hereafter called board) was established…