applying the concept of color of law or apparent authority of law to statutes later found to be unconstitutional
How later courts described this case
- applying the concept of color of law or apparent authority of law to statutes later found to be unconstitutional
Written by the judges who cited it.
Later courts went against this
Questioned by Indiana High School Athletic Ass'n v. Reyes, 1997 Ind. LEXIS 237 (1997)
We disagree with this conclusion and doubt the applicability of the cited Martin rationale to the Restitution Rule.
The opinion
Concurring Opinion
Achor, J.
I concur in the majority opinion insofar as it confirms the constitutionality of the Conservancy Act of Indiana [Acts 1957, ch. 808, p. 851, being §§27-1501 — 27-1599, Burns’ 1957 Cum. Supp.] and sustains the validity of the Ben Davis Conservancy District under that Act.