Legal Opinion
Rogers Group, Inc. v. Tippecanoe County
Indiana Court of Appeals
Decided March 28, 2016No. 79A02-1506-PL-694PublishedCited by 1 opinion
1Opinion of the Court
VAIDIK, Chief Judge.
Case Summary
Rogers Group, Inc.-, which seeks to build and operate a quarry on certain land in Tippecanoe County, filed a lawsuit challenging two county ordinances: one that prohibits new quarries within two miles of residential areas, and one that requires parties seeking to mine in a flood plain to first obtain a special exception from the board of -zoning ■ appeals. We conclude that the quarry ban is a zoning ordinance under our Supreme Court’s decision in City of Carmel v. Martin Marietta Materials, Inc., 883 N.E.2d 781 (Ind.2008), and that it is void because it was not…
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