Carpenter v. Whitley County Plan Commission

DISSENTING OPINION

Staton, P.J.

I dissent from the majority opinion since it has misinterpreted IC 1971, 18-7-5-19 which clearly provides for-a quorum to transact the business of the Commission “at a regular *421or properly called special meeting. . . .” Therefore, Braughton v. Metropolitan Board of Zoning Appeals (1970), 146 Ind. App. 652, 257 N.E.2d 8391 would apply, since a “prior and legally effective determination . . .” has been made by the Commission. I would reverse the trial court’s judgment.

The statute, IC 1971, 18-7-5-19, provides:

“QUORUM — Number required for official action. — A…