Wilson Realty Co. v. City and County Planning Board

The petitioner in its petition does not challenge the validity or constitutionality of the enabling act under which the City and County Planning Board was established, Chapter 677, Session Laws of 1947. The cause of action alleged in the petition presupposes a legally constituted planning board, created under a valid act of the General Assembly, with power to make discretionary decisions within the framework of the enabling act. Therefore we lay aside as not being pertinent to decision the contentions pro and con, discussed in the briefs and debated upon the argument, with reference to these…