THOMAS v. BLACKFORD CTY. AREA BD. ZONING AP.

No. 05S04-0902-CV-90.

907 N.E.2d 988 (2009)

Elizabeth THOMAS, Appellant (Petitioner below), v. BLACKFORD COUNTY AREA BOARD OF ZONING APPEALS, Appellee (Respondent below), and Oolman Dairy, LLC, Appellee (Intervenor below).

Supreme Court of Indiana.

June 16, 2009.


Attorney(s) appearing for the Case

Robert G. Forbes, Hartford City, IN, Attorney for Appellant.

William V. Hughes, Muncie, IN, Attorney for Appellee for Blackford County Area, Board of Zoning Appeals.

Jason M. Kuchmay, James A. Federoff, Fort Wayne, IN, Attorneys for Appellee for Oolman Dairy, LLC.


On Petition to Transfer from the Indiana Court of Appeals, No. 05A04-0711-CV-731.

BOEHM, Justice.

We affirm the trial court's conclusion that a property owner lacked standing to challenge a Board of Zoning Appeals ruling, and we address the procedural steps available to raise standing issues.

Facts and Procedural History

Oolman Dairy sought a special exception to build and operate a confined animal feeding operation ("CAFO") in an agricultural...

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