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ESSROC CEMENT v. CLARK COUNTY BD. OF ZONING

Court of Appeals Case No. 10A04-1709-PL-2199.

122 N.E.3d 881 (2019)

ESSROC CEMENT CORP., Appellant-Petitioner, v. CLARK COUNTY BOARD OF ZONING APPEALS and Sierra Club, Appellees-Respondents.

Court of Appeals of Indiana.

Filed April 18, 2019.

Attorney(s) appearing for the Case

Attorney for Appellant: C. Gregory Fifer , F. Brad Benson , Applegate Fifer Pulliam LLC, Jeffersonville, Indiana

Attorneys for Appellee Clark County Board of Zoning Appeals: Douglas B. Bates , Chelsea R. Stanley , Stites & Harbison PLLC, Jeffersonville, Indiana, Zachary M. VanVactor , Stites & Harbison PLLC, Louisville, Kentucky

Attorneys for Appellee Sierra Club: Khushi K. Desai , Earthjustice, Washington, D.C., Jeffrey B Hyman , Conservation Law Center, Bloomington, Indiana

Essroc Cement Corporation ("Essroc") operates in Clark County, Indiana, on land zoned M2 for Heavy Industrial Use. To date, Essroc has always used coal to power its concrete production, but in the past decade Essroc began considering firing its concrete kiln with liquid waste derived fuels ("LWDF"). In December 2014, Essroc requested...

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