Resource Documents by Court of Appeals of Indiana
Court of Appeals of Indiana
Flat Rock Wind v. Rush County Area Board of Zoning Appeals
‘Over the course of two hearings, the BZA had the opportunity to carefully consider the statutory setback requirement of Section 6.4 and its implications on the life, health, and safety of the surrounding landowners. It received evidence in favor of the project and in opposition of constructing the windfarm. Ultimately, and based on the evidence presented at the hearings, the BZA, in its approved Findings of Fact, explicitly found that “an additional setback is necessary to protect health and safety . . . Complete article »
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