Blackford County Dairy: Back to the Board of Zoning Appeals
The Oolman Dairy is to get a second hearing on its application for a special exception to install a dairy CAFO in Blackford County, according to a not-for-publication decision from the Court of Appeals. In Elizabeth Thomas v. Oolman Dairy (pdf) the court held that the board acted arbitrarily, capriciously and contrary to law in refusing to hold a hearing on the dairy’s second application for a special exception.
Not much interest for most folks, unless administrative procedural law is the kind of thing that gets you happy. But the decision probably has practical impact for those for and against the dairy. (I’m not certain as a lot could have happened since December of 2005).
