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TERRA NOVA DAIRY v. BD. OF ZONING APPEALS

No. 85A04-0802-CV-49.

890 N.E.2d 98 (2008)

TERRA NOVA DAIRY, LLC, Appellant-Petitioner, v. WABASH COUNTY BOARD OF ZONING APPEALS, Appellee-Respondent.

Court of Appeals of Indiana.

July 17, 2008.

Attorney(s) appearing for the Case

Jason M. Kuchmay, James A. Federoff, Federoff Law Firm, LLP, Fort Wayne, IN, Attorneys for Appellant.

Justin T. Schneider, Mark J. Thornburg, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Agricultural Law Foundation, Inc.

Larry C. Thrush, Thrush Law Office, Wabash, IN, Attorney for Appellee.

OPINION

CRONE, Judge.

Case Summary

Terra Nova Dairy, LLC, appeals from the denial of its application for an improvement location permit ("ILP") for the construction of a concentrated animal feeding operation ("CAFO"). We affirm.

Issue

We restate the issue as whether the decision of the Wabash County Board of Zoning Appeals ("BZA") to deny Terra Nova's ILP application was arbitrary and...

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