Hutcherson v. Lauderdale County Board of Zoning Appeals

OPINION

in which W. FRANK CRAWFORD, P.J., W.S., and ALAN E. HIGHERS, J., joined.

Appellant appeals from a decision of the trial court affirming the Lauderdale County Board of Zoning Appeals denial of an application to use certain property as a sanitary landfill. The BZA and the trial court cited safety concerns as a valid reason to deny Appellant’s application. We find that, under the provisions of the ordinance in question, the BZA acted beyond its authority in considering such safety concerns. We therefore reverse the decision of the trial court.

Lauderdale County adopted a countywide zoning…