Plaintiff developer applied for a conditional use permit to build condominiums on his property. The County Board of Adjustment denied the application following laywitness testimony about concerns with regard to increased traffic, noise, litter, and light pollution. The Court found that the laywitness concerns were contained in the list of reasons set out in section 408.4 of the Code which support the denial of a request for a conditional use permit. The Court affirmed the trial court's judgment that the County Board of Adjustment did not err in denying plaintiff developer the application for a conditional use permit.
Plaintiff developer sought a conditional use permit to build condominiums on his property. The County Board of Adjustment denied the application following laywitness testimony about concerns with regard to increased traffic, noise, litter, and light pollution. Plaintiff developer sought writ of certiorari to challenge denial. Circuit Court affirmed and developer appealed.