Board of Zoning Appeals v. Parsons

Concurring Opinion.

Faulconer, C. J.

The only question in this appeal is whether the resolution passed by the Board of Trustees of Carmel on August 9, 1960, granting the petition for joinder filed by Clay Township automatically extended the Master Zoning Ordinance of the Town of Carmel to all of Clay Township.

The statute authorizing joinder and setting up the procedure therefor, being Acts 1959, ch. 46, §53-1201, et seq., Burns’ 1963 Cum. Supp., states, in pertinent part, as follows:

“If the petition is accepted, the planning and zoning jurisdiction of the city, . . . shall be extended to the…