Killbuck Concerned Citizens Ass'n Ex Rel. Kutschera v. J.M. Corp.

SULLIVAN, Justice.

In 1981, Madison County zoning authorities granted a special use permit to J.M. Corporation ("JMC") to establish a landfill. Over the intervening decades, JMC has engaged in substantial construction of the facility but has not been able to obtain an operating permit from environmental authorities. On March 24, 2008, the Legislature passed a law applying only to facilities for which a county zoning permit had been approved before April 1, 1985. The law provided that any such "facility ... that did not accept waste before April 1, 2008[,]" had to return to the county zoning…