Newman v. Spence

Although I concur in the result reached by the majority, I do not think it is necessary or permissible for the trial court or this court to address the constitutionality of the ordinance’s application. The trial court determined that the denial of the variance was erroneous in light of IND. CODE 36-7-4-918.4. Because the trial court found the requirements for a variance had clearly been met by the Spences, there was no need to address the constitutionality of the statute. Courts should not consider the constitutionality of a statute if the issue before the court can be resolved in some other…