MONTGOMERY ETC. v. Board of Zoning Appeals

This case is before this court on transfer from the Appellate Court under §4-209, Burns’ 1946 Repl., the Appellate Court having been equally divided on the question as to whether, in the absence of the entry of a formal judgment herein (1) the case should be referred back to the trial court under Rule 2-3 of this court, for the purpose of entering a formal judgment based upon the trial court’s decision, or (2) whether, in the absence of a judgment, it was mandatory that the case be dismissed. The opinion of the Appellate Court is reported in 181 N. E. 2d 874.

The action herein is an appeal to…