Elkhart County Board of Zoning Appeals v. Earthmovers, Inc.

SHARPNACK, Chief Judge.

The Elkhart County Board of Zoning Appeals ("BZA") appeals the trial court's decision in favor of Earthmovers, Inc. ("Earth-movers") reversing the BZA's decision denying Earthmovers' petition to remove a condition placed on Earthmovers' special use permit to operate a landfill. We reverse in part and affirm in part.

*929The BZA presents two issues for our review, which we restate as (1) whether the trial court erred in finding that the condition attached to Earthmovers' special use permit was void, and (2) whether the trial court erred in remanding the issue of changed…