Legal Opinion

Thomas v. Blackford County Area Board of Zoning Appeals

Indiana Supreme Court

Decided June 16, 2009No. 05S04-0902-CV-90PublishedCited by 17 opinions

1Opinion of the Court

BOEHM, Justice.

We affirm the trial court's conclusion that a property owner lacked standing to challenge a Board of Zoning Appeals ruling, and we address the procedural steps available to raise standing issues.

Facts and Procedural History

Oolman Dairy sought a special exception to build and operate a confined animal feeding operation ("CAFO") in an agricultural district in Blackford County. The proposed CAFO would keep 2,000 cows on an approximately 27-acre site. Following a public hearing, the Blackford County Area Board of Zoning Appeals ("BZA") ruled that Oolman had met the criteria for a…

2Cases cited5 opinions

  1. LinkAmerica Corp. v. AlbertIndiana Supreme Court · 2006
  2. Huffman v. Indiana Office of Environmental AdjudicationIndiana Supreme Court · 2004
  3. Bagnall v. Town of Beverly ShoresIndiana Supreme Court · 2000
  4. Robertson v. Board of Zoning AppealsIndiana Court of Appeals · 1998
  5. Union Township Residents Ass'n v. Whitley County Redevelopment CommissionIndiana Court of Appeals · 1989

3Cited by17 opinions

  1. Bellows v. BD. OF COM'RS OF CTY. OF ELKHARTIndiana Court of Appeals · 2010
  2. 21st Amendment, Inc. v. Indiana Alcohol & Tobacco CommissionIndiana Court of Appeals · 2017
  3. Liberty Landowners Ass'n v. Porter County CommissionersIndiana Court of Appeals · 2009
  4. Board of Commissioners v. Northeastern Indiana Building Trades CouncilIndiana Court of Appeals · 2011
  5. The Board of Commissioners of Union County, Indiana v. Brandye Hendrickson, in her official capacity as Commissioner of the Ind. Dept. of Transportation, and the State of IndianaIndiana Court of Appeals · 2016

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