Mishler v. County of Elkhart

SHEPARD, Chief Justice.

The issue on transfer is whether neighboring landowners may collaterally attack a trial court's decision ordering county commissioners to rezone a parcel of property. The question turns on whether the trial court's judgment was void and open to collateral attack, or merely voidable and susceptible to challenge only by direct appeal.

Dallas Woodward owns a 26-acre parcel of land. In 1976, Woodward sought to rezone the property from residential use to commercial. At the hearings on the application, a group of remonstrators opposed rezoning. They asserted that commercial…