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ELKHART COUNTY v. EARTHMOVERS, INC.

No. 20A05-9307-CV-250.

631 N.E.2d 927 (1994)

ELKHART COUNTY Board of Zoning Appeals Appellant-Defendant, v. EARTHMOVERS, INC., Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Transfer Denied July 27, 1994.

Attorney(s) appearing for the Case

James W. Kolbus, Mark A. Armstrong, Hartzog Barker Hepler & Saunders, Goshen, for appellant.

Richard W. Paulen, Jackqueline Sells Homann, Barnes & Thornburg, Elkhart, for appellee.

SHARPNACK, Chief Judge.

The Elkhart County Board of Zoning Appeals ("BZA") appeals the trial court's decision in favor of Earthmovers, Inc. ("Earthmovers") 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.

The BZA presents two issues for our review, which we restate as (1) whether...

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