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STATE EX REL. SMITH v. CITY OF PORTAGE

No. 3-573A46.

301 N.E.2d 409 (1973)

STATE of Indiana ex rel. Murray C. Smith, Plaintiff-Appellant, v. CITY OF PORTAGE, Indiana, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

September 27, 1973.

Attorney(s) appearing for the Case

David A. Willis, Portage, for plaintiff-appellant; Willis & Handlon, P.C., Portage, of counsel.

David R. Dubois, Portage, for defendant-appellee.

HOFFMAN, Chief Judge.

Plaintiff-appellant Murray C. Smith (Smith) appeals from a judgment denying him mandate relief and dismissing the cause with prejudice.

Appellant sought by his action to mandate the City of Portage (City) to dissolve its present seven-member plan commission and to establish a nine-member plan commission pursuant to IC 1971, 18-7-5-5, Ind. Ann. Stat. § 53-705 (Burns 1964). Following the overruling of appellant's motion to correct...

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