§ 150.44  FINAL DISPOSITION OF CASES.
   (A)   The final disposition of any case shall be in the form of a recommendation setting forth the findings and determination of the Plan Commission, together with any modification, specification, or limitation which it makes.
   (B)   The Commission may dismiss a case for lack of prosecution or lack of jurisdiction.  When a petitioner has failed to appear at two consecutive meetings, the case may be dismissed for lack of prosecution.
   (C)   Following the publication of notice for any public hearing, until the conclusion of the hearing, a petitioner may not withdraw the matter to come before the public hearing without the approval of the Commission.
   (D)   A case which has been withdrawn by the petitioner shall not be again placed on the docket for consideration within a period of 12 months after the date of withdrawal.
   (E)   A case which has been decided adversely to the petitioner shall not again be placed on the docket for consideration until 12 months after the date of decision previously rendered.
   (F)   Because the Commission’s recommendation is only advisory, the petitioner may request that the adverse recommendation be brought before the County Commissioners for their consideration.  The Plan Commission’s recommendation, either favorable or adverse, may be overturned by the County Commissioners under I.C. 36-7-4-609.
(`88 Code, § 8-170)  (Ord. 98-20, passed 11-10-98)