Evansville-Vanderburgh Metropolitan Board of Zoning Appeals v. Meadow Ridge, Inc.

The question presented in this appeal involves the capacity of the Evansville-Vanderburgh Metropolitan Board of Zoning Appeals to maintain a suit for an injunction against an alleged violation of a zoning ordinance.

The appellant filed its complaint which appellee answered in admission and denial under Rule 1-3. At the commencement of the trial, the appellee moved to dismiss on the grounds the appellant was not a legal entity; after the appellee so moved, the appellant moved to substitute the Evansville-Vanderburgh Metropolitan Planning Commission as plaintiff. The motion to substitute was…