Adolph v. Grant County Board of Adjustment
Annotate this CaseDustin Nelson filed an application for a conditional-use permit to construct and operate a concentrated animal-feeding operation in Grant County. The Grant County Board of Adjustment voted to approve the application. Geraldine and Barth Adolph petitioned the circuit court for a writ of certiorari to review the legality of the Board’s decision. The circuit court affirmed. The Adolphs appealed, arguing (1) the Board’s decision was illegal because Nelson’s proposed project violates the Zoning Ordinance for Grant County; and (2) Nelson presented a new waste-disposal plan at the public hearing, denying them an opportunity for meaningful participation. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) although the Board regularly pursued its authority in most respects, it erroneously believed that past environmental violations of a prospective applicant are never relevant in considering whether to approve an application; (2) the Adolphs were not denied due process during the public hearing; and (3) the Board did not exhibit bias requiring a new hearing.
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