McGraw v. Marion County Plan Commission

CONCURRING OPINION

Gonas, J.

Appellees, Adler and Adler filed their petition, which was referred to the Marion County Plan Commission, requesting the rezoning, and the County Commissioners adopted an ordinance “recommended” by the Plan Commission. Appellants then, by certiorari *696procedure, attempted, in the Marion Circuit Court to challenge the legality of the “recommendation.” They prosecuted this appeal from a decision adverse to them.

We recently held that such a “recommendation” was not a “decision” within the meaning of Burns Ann. Stat. §53-755 and that there is no statutory authority for…