Lussow v. County Commission of Franklin County

AHRENS, Presiding Judge.

Plaintiffs Roy Lussow and Ruth Lussow appeal from the grant of a conditional use permit (CUP) to Ed’s Engineering & Drilling Company (Ed’s Engineering) by the Franklin County Commission (Commission). The Lussows appeal the grant of the CUP and Ed’s Engineering cross-appeals the judgment of the trial court reversing the Commission’s decision without prejudice. We reverse the Commission’s decision without prejudice to Ed’s Engineering’s right to refile.

On January 29, 1990, Ed’s Engineering applied for a CUP to expand the storage capacity of explosives at its Whiskey…