HERALD v. Marion County Plan Commission

Appellee has filed motion to dismiss this appeal, contending that this court is without jurisdiction by reason of the fact that the assignment of errors and the transcript of record were not filed in the Clerk’s Office of this court within ninety (90) days from the date of the judgment of dismissal from which the appeal is attempted.

Appellants filed in the lower court petition for Writ of Certiorari from recommendations made by appellee commission pursuant to §53-755, Burns’ 1951 Replacement.

On November 7, 1955, the trial court sustained appellee’s motion to dismiss and entered judgment…