Schultz v. Warren County

LAWRENCE E. MOONEY, Presiding Judge.

In this dispute over a land-use permit, Earl Robert Schultz III appeals the circuit court’s judgment dismissing his petition with prejudice. Because we find the issues presented by Mr. Schultz’s petition were not ripe for judicial review, we modify the circuit court’s judgment of dismissal to be without prejudice and, as modified, we affirm.

Factual and Procedural Background

The dispute stems from an application by LaFarge North America, Inc., for a conditional use permit to operate a proposed asphalt and/or concrete plant on land it owns in Warren County,…