Kosciusko County Board of Zoning Appeals v. Wygant

I concur with Part I of the majority opinion. However, I respectfully dissent from Part II, which may be read to hold that a local zoning authority is automatically entitled, as a matter of mandatory law, to relief by injunction. I disagree. The issuance of injunctive relief should be left to the discretion of the trial court and subject to appellate review only for abuse of that discretion. The majority's conclusion emphasizes the phrase "entitled to relief by injunction," quoting Fidelity Trust Co. v. Downing (1946), 224 Ind. 457, 464, 68 N.E.2d 789, 792 (emphasis added). In contrast to the…