Rush v. Elkhart County Plan Commission

OPINION

KIRSCH, Judge.

This is an appeal from a judgment on cross motions for summary judgment entered in this ease brought by Appellants to challenge rezoning legislation adopted by the Elkhart County Commissioners that would allow the . construction of an asphalt plant. Appellants claim that the legislation is invalid and present several issues on appeal, as follows:

I. Whether the Plan Commission’s failure to draft the ordinance and place it on file prior to the public hearing was a violation of the statutory requirement that “the proposal” be on file.

II. Whether the summary of the proposed…