MISHLER v. COUNTY OF ELKHART

No. 50S03-8909-CV-730.

544 N.E.2d 149 (1989)

Lonnie MISHLER, et al., Appellants (Plaintiffs below), v. The COUNTY OF ELKHART, et al. Appellees (Defendants below).

Supreme Court of Indiana.

As Corrected September 29, 1989.


Attorney(s) appearing for the Case

Douglas A. Mulvaney, Stutsman, Leone & Clifford, Elkhart, Lawrence J. Clifford, Stutsman, Leone & Clifford, South Bend, for appellants.

Richard W. Paulen, Elkhart, for appellee Dallas C. Woodward Jr.

R. Gordon Lord, Goshen, for appellees County of Elkhart, Bd. of Com'rs of the County of Elkhart, Hal Doriot, Thomas W. Romberger and John Bentley, Elkhart County Com'rs.


SHEPARD, Chief Justice.

The issue on transfer is whether neighboring landowners may collaterally attack a trial court's decision ordering county commissioners to rezone a parcel of property. The question turns on whether the trial court's judgment was void and open to collateral attack, or merely voidable and susceptible to challenge only by direct appeal.

Dallas Woodward owns a 26-acre parcel of land. In 1976, Woodward sought to rezone the property from residential...

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