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BOARD OF COM'RS, CTY. OF HOWARD v. KOKOMO CITY PL. C.

No. 2-473A88.

310 N.E.2d 877 (1974)

BOARD OF COMMISSIONERS OF THE COUNTY OF HOWARD, Indiana, Plaintiff-Appellant, v. KOKOMO CITY PLAN COMMISSION, Defendant-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied July 23, 1974.

Attorney(s) appearing for the Case

Daniel J. Gamble, Fred G. Osborn, Kokomo, Baker & Daniels, Karl J. Stipher, Robert J. Bremer, Indianapolis, for plaintiff-appellant.

Kenneth L. Andrews, Andrews & Dechert, Robert S. Whitehead, Whitehead & Newell, Kokomo, for defendant-appellee.

SULLIVAN, Presiding Judge.

This appeal by the Howard County Board of Commissioners (County) involves the constitutionality of a proviso of IC 1971, 18-7-5-34, Ind. Ann. Stat. § 53-734 (Burns 1973 Supp.) which authorizes a city in counties of less than 84,000 population to exercise land use planning jurisdiction over unincorporated areas within two miles of the corporate limits of the city without consent of the county commissioners.1

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