Town of Beverly Shores Plan Commission v. Enright

ON CIVIL PETITION TO TRANSFER

PRENTICE, Justice.

This cause is before us on the petition of Edwin Enright (Appellee) to transfer the cause from the Court of Appeals, Third District, following its reversal in part of the judgment of the trial court which declared a zoning ordinance invalid. The decision of the Court of Appeals, reported at 485 N.E.2d 565, was filed on May 17, 1982, and rehearing was subsequently denied. Because we find that the opinion of the Court of Appeals contravenes the express provisions of the applicable statute and rulings precedent of this Court, as hereinafter set…