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MIDWEST MINERALS, INC. v. BOARD OF ZONING APPEALS

No. 84A01-0409-CV-412.

825 N.E.2d 394 (2005)

MIDWEST MINERALS, INC., Appellant-Plaintiff, v. BOARD OF ZONING APPEALS of the Area Plan Department/ Commission of Vigo County, Appellee-Defendant.

Court of Appeals of Indiana.

April 11, 2005.

Attorney(s) appearing for the Case

Leslie C. Shively, Evansville, IN, Attorney for Appellant.

Joseph K. Etling, Michael A. Slagle, Terre Haute, IN, Attorneys for Appellee.

OPINION

HOFFMAN, Senior Judge.

Plaintiff-Appellant Midwest Minerals, Inc. ("Midwest") appeals from the trial court's order upholding a decision by the Board of Zoning Appeals of the Area Plan Department/Commission of Vigo County ("the BZA").

On October 16, 2002, Midwest filed an application for a special exception to build a molecular gate natural gas processing unit to be located on some land located in West Terre Haute, Indiana. The staff of the...

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