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MIDWEST MINERALS v. BOARD OF ZONING APPEALS

No. 84A01-0708-CV-360.

880 N.E.2d 1264 (2008)

MIDWEST MINERALS INC., Appellant-Petitioner, v. BOARD OF ZONING APPEALS OF the AREA PLAN DEPARTMENT/COMMISSION OF VIGO COUNTY, Appellee-Respondent.

Court of Appeals of Indiana.

February 26, 2008.

Attorney(s) appearing for the Case

Leslie C. Shively, Shively & Associates, P.C., Evansville, IN, Attorney for Appellant.

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

OPINION

BRADFORD, Judge.

Appellant-Petitioner. Midwest Minerals ("Midwest") appeals the trial court's order denying its amended verified petition for writ of certiorari, judicial review and declaratory judgment. Midwest challenges whether the trial court erred in affirming the denial of its petition for a special exception by Appellee-Respondent Vigo County Board of Zoning Appeals ("BZA"). We affirm.

FACTS AND PROCEDURAL HISTORY

In a previous...

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