Legal Opinion
Fail v. LaPorte Cty. Board of Zoning Appeals
Indiana Court of Appeals
Decided October 14, 1976No. 3-574A79PublishedCited by 16 opinions
1Opinion of the CourtGarrard, J.
This appeal challenges a circuit court decision upholding a county zoning board’s grant of a variance and special exception which were necessary for the Smalls to be able to operate a sanitary landfill in compliance with a zoning ordinance. We affirm.
The record disclosed that Smalls had contracted to purchase a 288 acre tract from the Estate of Everett Fail, deceased. They petitioned for the variance and special exception to enable them to utilize 52 acres from the tract as a landfill. Neighboring property owners (hereinafter referred to as “Fail”) objected. The zoning board granted the…
2Cases cited17 opinions
- City of East Chicago v. Sinclair Refining Co.Indiana Supreme Court · 1953
- Josephson v. Planning BoardSupreme Court of Connecticut · 1964
- Peoria Marine & Fire Insurance v. WalserIndiana Supreme Court · 1864
- Zell v. Borough of RoselandNew Jersey Superior Court Appellate Division · 1956
- Suess v. VogelgesangIndiana Court of Appeals · 1972
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Boffo v. Boone County Board of Zoning AppealsIndiana Court of Appeals · 1981
- City of Hobart Common Council v. Behavioral Institute of Indiana, LLCIndiana Court of Appeals · 2003
- Perry-Worth Concerned Citizens v. Board of CommissionersIndiana Court of Appeals · 2000
- Reinking v. Metropolitan Board of Zoning Appeals of Marion CountyIndiana Court of Appeals · 1996
- 1000 Friends of Oregon v. Wasco County CourtOregon Supreme Court · 1987
11 more not listed; retrieve them via the Exa API.