Glosser v. City of New Haven

The plaintiffs (appellants) filed their complaint in the trial court “. . . to enjoin ultra vires action by the city of New Haven and its Mayor and its Common Council, to set aside certain sewage ordinances as capricious, discriminatory and void.” The trial court held the action to be a public lawsuit as defined in Indiana Acts of 1965, Chapter 357, Burns Ind. Stat., 1968 Repl., § 3-3301 et seq. The trial court then on partial summary judgment held two of the three questioned ordinances valid. Trial was had on the question of the validity of the third ordinance. After hearing the evidence,…