Martin Marietta Materials, Inc. Ex Rel. Martin Marietta Materials, Inc. v. Board of Zoning Adjustment of Cass County

I respectfully dissent from the majority opinion affirming the BZA’s denial of the special use permit. Because the BZA’s decision is inconsistent with its findings of fact and is unsupported by competent and substantial evidence, I would reverse and remand the cause for issuance of the special use permit.

In reaching this conclusion, I am mindful that our scope of review is limited to determining whether the BZA’s decision “is supported by competent and substantial evidence upon the whole record or whether the judgment is arbitrary, capricious, unreasonable, unlawful or in excess of its…