dissenting.
I respectfully dissent. The majority has misconstrued the statute at issue herein. The trial court correctly interpreted IND. ~CODE 14-3-3.2-2 as limiting single family dwellings within the historic preservation district to occupancy by only one family. The majority states this language appears to be in conflict with IC 16-10-2.1-6.5 which prohibits exclusion of residential facilities based on lack of a family relationship between the residents. I see no conflict, however.
IC 16-10-2.1-6.5 refers to zoning ordinances adopted under IC 18-7(86-7). This statute, however, deals with local governmental zoning ordinances. The statute in question here is not a local zoning ordinance. It is a statute passed by our state legislature. It establishes as state law a historic preservation district and sets forth specific guidelines to protect that district. Since the scope of IC 18-7 is limited to zoning ordinances on the local level, I believe it is inappropriate to attempt to use its language to control a separate section of the Indiana Code.
Furthermore, even if the two sections were in conflict, IC 18-7, relied on by the majority, is general in nature. It refers to all local zoning ordinances. IC 14-3, however, is specific as to the particular area in question and the guidelines to be followed in protecting that area. It is well settled where statutes are in conflict the specific statute will prevail over the more general one as to the subject matter it covers. Higgins, et al. v. Hale, et al. (1985), Ind., 476 N.E.2d 95, 100; Indiana State Highway Commission v. Bates & Rogers Construction Co. (1983), Ind.App., 448 N.E.2d 321, 324; State v. Souder (1983), Ind.App., 444 N.E.2d 891, 893.
The majority further tries to show the intent of IC 14-8 is not to limit housing in the Meridian Street Preservation District by interpreting a portion of that section which reads:
"Every Owner and Occupant of Meridian Street or Bordering Property shall:
(1) Permit no more than one (1) family to inhabit a single-family dwelling.
(2) Permit no more than two (2) fam-flies to inhabit a double family dwelling;
*302(3) Permit to inhabit any dwelling unit no more than that number of persons derived by multiplying the total number of bedrooms in such unit by the number of three (8). ..."
The majority states if the legislature intended for there to be only single and double family dwelling units in this district it would not then have used the phrase "any dwelling unit" in paragraph 3 but rather would have used "either dwelling unit". The majority's interpretation of the significance of the use of the word "any" in paragraph 3 would be correct if the paragraph referred to any dwelling unit classification but it does not. It refers to any dwelling unit, of which there are probably hundreds in the Meridian Street Preservation District.
While I agree with the majority the Meridian Street Preservation Commission has absolute approval rights over only zoning variances in the preservation district not over special exceptions to the zoning ordinance, I agree with the appellee and the trial court such zoning ordinances as passed by the local governmental unit must first comply with the State statute, and any portions thereof which are in conflict are void. I would, therefore, affirm.