City of South Bend v. Brooksfield Farm

I respectfully dissent from the majority’s opinion and would reverse and remand this case with instructions to dismiss the action as being untimely filed.

IC 1971, 18-5-17-1 provides in part:

“All appeals now allowed, or which may hereafter be allowed by law from any action or decision of the board of public works or the board of park commissioners of any city, or the common council of such cities wherein it performs the functions of either or both such boards, or of any other board, shall be taken by the party appealing, filing in the circuit or superior court of the county wherein such city…