Lakeshore Development Corp. v. Plan Commission

The appellant contends by its motion to quash it is challenging the jurisdiction of the trial court over the subject matter of the proceeding on the ground the rejection is not appealable because it was only an advisory opinion and on the ground the respondent was not an aggrieved person entitled to an appeal by certiorari.

The preliminary question to be decided is whether in this certiorari proceeding such matters can be raised by a motion to quash. Appellant argues the question of jurisdiction of the court may be put in issue by this motion and relies on State ex rel. Anderson v. Timme…