Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc.
── Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc. ──
Case No.: 25S-MI-00293
Court: Indiana Supreme Court
Date: November 13, 2025
Author: Justice Derek Molter
County of Origin: Monroe
Category: Civil
Decision: Affirmed
Justice Rush, Justice Massa, and Justice Slaughter concur. Justice Goff concurs in result/dissents in part
I.
Permit Grant and Subsequent Revocation
In the fall of 2021, Bedford Recycling sought approval from the BZA to
build a scrap metal collection and sorting facility on property Bedford
owned in the county. That property is zoned for “mineral extraction”
under the county ordinance, and only a few uses are presumptively
allowed; scrap metal recycling is not one of them.
When a use is not presumptively allowed, a party may seek a
conditional use permit, which allows the use if certain conditions are met.
Rush v. Elkhart Cnty.
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