Sanders v. Area Plan Commission of Evansville & Vanderburgh County

BAKER, Judge.

Defendant-appellant Mary Beth Sanders brings this interlocutory appeal from an order denying her motion to dismiss a zoning ordinance complaint.

Because we find it to be dispositive, we address only the following issue:

Whether the small claims and misdemeanor division of the Vanderburgh Superior Court1 erred in overruling Sanders's motion to dismiss for lack of subject matter jurisdiction.

FACTS

On April 25, 1991, the Evansville-Van-derburgh Area Plan Commission (EVC) filed two separate ordinance enforcement actions in the small claims and misdemeanors division of the Vanderburgh…