MSW, INC. v. Marion County Bd. of Zoning Appeals

Pierron, j.;

In 1998, the Board of Zoning Appeals of Marion County (Board) held that a quarter section of property owned by M.S.W., Inc., (MSW) was zoned agricultural and that a conditional use permit (CUP) had been granted for the property in 1992 to permit continuation of landfill activity occurring since 1974. The Board held that the CUP was lawfully adopted in 1992 but was forfeited by closure of the landfill in 1996, and no nonconforming use had ever been created on the property. MSW appeals the district court’s decision upholding the Board’s ruling.

Tom Grosse owned the property in…