Jeff Fussner, et al. v. Hulsbosch Dairy Farm LLC, et al.

── Jeff Fussner, et al. v. Hulsbosch Dairy Farm LLC, et al. ── Case No.: 25A-PL-00343 Court: Indiana Court of Appeals Date: December 30, 2025 Author: Judge Melissa May County of Origin: Rush Category: Civil Decision: Affirmed Judge Mathias and Judge Bradford concur Hulsbosch Dairy operates a dairy farm in Decatur County, and in early 2024, it received an offer to purchase land in Rush County that it could use to expand its operations. Hulsbosch Dairy determined it could use the land to build a Dairy CFO for 6,500 cows, and on March 14, 2024, Hulsbosch Dairy applied to the Rush County Area Plan Commission for an improvement location permit to build the Dairy CFO. The application requested a special exception pursuant to sections 7.11.3 and 7.11.4 of the Rush County Zoning Ordinance (“Zoning Ordinance”).