North Township Advisory Board v. Mamala

GIVAN, Chief Justice.

This appeal is before this Court pursuant to Ind.R.App.P. 4(A)(8). Judge Pinkerton entered judgment and a final order which provided in part:

"1. IT IS HEREBY ORDERED AND ADJUDGED that 1.0. 36-10-7-5 is declared invalid and unconstitutional in that it violates the proscriptions contained in § 22(10) and § 23 of Article 4 of the Constitution of Indiana."

*726The trial court issued a permanent restraining order enjoining the Advisory Board from exercising power or undertaking any action pursuant to the statute.

Ind.Code § 86-10-7-5 outlines the procedures for the acquisition of…