Knutson v. State Ex Rel. Seberger

On Petition for Rehearing

Achor, C. J.

Appellants assert three grounds for rehearing.

One-. Appellants assert that this court failed to decide an issue presented, and in this appellants are correct. The issue was not considered of great controversary and therefore was not discussed in the original opinion. However, appellants ask that we rule upon this issue. The issue is presented by the following facts:

As stated in the original opinion the subdivision control ordinance of the town of Dyer was held unconstitutional. However, after the case before us was filed the town board adopted a second…