Wastewater One, LLC v. Floyd County Board of Zoning Appeals

OPINION

BROWN, Judge.

Wastewater One, LLC (the “Utility”) and William A. Musselman (“Musselman,” and collectively with the Utility, the “Applicants”) appeal the Findings of Fact, Conclusions of Law, and Judgment in favor of the Floyd County Board of Zoning Appeals and Floyd County, Indiana (collectively, the “BZA”) affirming the BZA’s denial of a conditional use permit for the expansion of a sewage treatment plant. The Applicants raise four issues which we revise and restate as:

I. Whether the BZA had jurisdiction over the Utility’s proposal to expand the Plant;

II. Whether the requirements of…