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STEUBEN COUNTY v. NATIONAL SERV-ALL

No. 76A03-9002-CV-43.

556 N.E.2d 1354 (1990)

STEUBEN COUNTY; Steuben County Board of Zoning Appeals; Roger Burlingame; William Hornbrook; August Kurtz, Jr.; William Bryan, As Members of the Board of Zoning Appeals; David O. Mann, Individually and On Behalf of Steuben County Waste Watchers; and June Fee, Appellants (Respondents below), v. NATIONAL SERV-ALL, Inc., Appellee (Petitioner below).

Court of Appeals of Indiana, Third District.

July 23, 1990.

Attorney(s) appearing for the Case

Allen N. Wheat, Wheat & Stout, Angola, for David O. Mann.

Harry W. Scott, M. Bruce Scott, DeVoss, Scott, Johnson & Baker, P.C., Decatur, for appellee.

HOFFMAN, Presiding Judge.

Respondent-appellant David O. Mann appeals the trial court's decision reversing the Steuben County Board of Zoning Appeals.

The facts relevant to this case disclose that on December 10, 1984 the Steuben County Board of Zoning Appeals (BZA) granted a special exception so that Apollo Disposal, Inc., the operator of the existing landfill, could use an adjoining 30.3 acres for landfill purposes. The BZA imposed the following conditions...

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