(DOWNLOAD) "Willidean forks v. City Warsaw" by Court of Appeals of Indiana " eBook PDF Kindle ePub Free
eBook details
- Title: Willidean forks v. City Warsaw
- Author : Court of Appeals of Indiana
- Release Date : January 19, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is an appeal from a judgment sustaining a motion to dismiss appellants second amended and supplemental complaint to set aside and vacate Ordinance No. 535 of the City of Warsaw, Indiana. The ordinance purported to annex certain territory to the City of Warsaw. The appellants do not own real estate located within the territory sought to be annexed. They do, however own "mobile homes * * * and are owners of other tangible and intangible personal property in the territory * * *." The prayer of appellants complaint asked that Burns Ind. Stat., 1963 Repl., §Â§ 48-701 -- 702 be declared in violation of Article 1, § 23 of the Constitution of Indiana and the Fourteenth amendment to the Constitution of the United States in that the statute provides for remonstrance by owners of real estate only, thus denying equal protection of the laws to other residents of the affected territory. Appellants thus contend that Ordinance No. 535 of the City of Warsaw enacted under authority of an unconstitutional statute is, therefore, void. Appellees motion to dismiss was filed under the Rules of this Court, TR 12(B)(6) upon the contention that the complaint failed to state a claim upon which relief could be granted. This Court has jurisdiction of this case under Burns Ind. Stat., 1968 Repl., § 4-214 which statute provides for cases questioning the constitutionality of a statute or an ordinance of a municipal corporation to be appealed directly to this Court.
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