Evansville-Vanderburgh Levee Authority District v. Kamp

*667 DISSENTING OPINION

Achor, J.

As stated in the majority opinion, the legislation under §27-1602, Burns’ 1948 Repl. (1959 Supp.) [being Acts 1959, ch. 289, §2, p. 719], purports to give to any city within the State of Indiana the right to initiate and create a levy authority district; provided, that such city is located within a county having a population of not less than 160,000 and no more than 180,000.

By reason of this limitation within the act, other cities of the same size and having the same problem of food control are not given the same privilege if located in counties not within the…