This is an appeal from a judgment of the Superior Court of Marion County, Room 6, denying appellant's petition for a temporary injunction against appellees. Appellant's complaint was put in issue without formal pleadings, but upon oral argument by appellees. There were no assertions of facts contradicted by evidence of appellant. The only material issue presented here is a matter of law concerning the constitutionality of the particular statute involved.
The General Assembly of Indiana in 1965 passed an act, signed by the Governor, entitled "An Act for the development through planning and zoning of metropolitan areas," being Chapter 283 of the Acts of 1955 as amended in Chapter 434 of the 1965 Acts, Page 1375. Burns' Ind. Stat., § 53-902 et seq., 1964 Replacement (Supp.). Upon the adoption of the existing master plans and zoning and subdivision control ordinances by the metropolitan plan commission and county council, pursuant to this act, which refers to counties having cities of the first class only, all existing city and county plan commissions and city and county boards of zoning appeals were to be abolished and all powers and duties of such plan commissions were to be transferred to the metropolitan plan commission created by the 1965 Act, and likewise all powers and duties of boards of zoning appeals were to be transferred and conferred on the metropolitan board of zoning appeal so created.
The Act in general states that the composition of the metropolitan plan commission was to consist of nine official members and two ex officio members, their terms of office, how vacancies were to be filled, the adoption and filing of zoning ordinances, and proceedings in case of remonstrances. A board of zoning appeals was created in four divisions, their terms of office, rules and procedure, powers and duties, hearings on appeal and proceedings by writs of certiorari from decisions by the board were all set forth.
Appellant relies upon the following error assigned:
The Rules of the Supreme Court provide for a full and complete argument of all specified errors urged, with citation of statutes and authorities. This would include sections of Constitutions claimed to be violated. Rule 2-17(f); City of East Chicago v. Chicago, etc., Transit Co. (1963), 243 Ind. 590, 189 N.E.2d 414; Hunt v. State (1956), 235 Ind. 276, 133 N.E.2d 48; Wright v. State (1958), 237 Ind. 593, 147 N.E.2d 551. Consequently, having failed to argue the constitutional questions presented in the complaint, appellant has waived all consideration of them in this appeal.
Appellant argues that the title to the Act is in conflict with Art. 4, Sec. 19, of the Indiana Constitution. This Article reads as follows:
The title to this Act prior to the 1965 amendment was:
This title was upheld by this court in the case of Mogilner v. Metropolitan Plan Comm., etc., et al. (1957), 236 Ind. 298, 326, 140 N.E.2d 220, 234, where it was stated:
The title to the 1965 Amendatory Act reads as follows:
In our opinion, this title to the Amendatory Act falls within the court's decision in the Mogilner case, supra, and therefore is not in violation of the Constitution of Indiana.
There being no other questions presented to us, we hereby affirm the decision of the trial court.
Arterburn, C.J., and Hunter and Mote, JJ., concur.
Jackson, J., concurs in result.
NOTE. — Reported in 223 N.E.2d 349.