BLOOMINGTON – The Indiana Supreme Court is scheduled to hear arguments on Thursday, June 5, at 9:00 a.m. in the case of Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc. This appeal, case number 23A-MI-1729, stems from a dispute over a conditional-use permit for a scrap-metal recycling facility in Monroe County.
Bedford Recycling, Inc., initially sought a conditional-use permit to build a metal recycling facility on land zoned for mineral extraction. The Monroe County Board of Zoning Appeals (BZA) initially granted this permit. However, the BZA later revoked its approval, asserting that it had made an “error of law” in its initial decision.
The Monroe Circuit Court subsequently reversed the BZA’s decision to revoke the permit, reinstating it. However, the Court of Appeals of Indiana, in its August 14, 2024, opinion, found that the BZA’s revocation was proper, concluding that the BZA had made an error of law by granting the permit. The Court of Appeals opinion stated that the proposed scrap-metal recycling facility did not fit the Zoning Ordinance’s definition of a “Central Garbage/Rubbish Collection Facility,” which was the basis for the initial conditional use approval.
Bedford Recycling has since petitioned the Indiana Supreme Court to accept jurisdiction over this appeal. The Supreme Court’s review will determine the outcome of the conditional-use permit for the recycling facility.
