SMITH V. CITY OF LITTLE ROCK 648 S.W.2d 454 (1983) CASE BRIEF

SMITH V. CITY OF LITTLE ROCK

648 S.W.2d 454 (1983)

NATURE OF THE CASE: Smith (P) appealed a denial of their petition to have the City Board of Directors (D) change their rezoning classification of property in their area set aside.

FACTS: D voted unanimously to change the zoning classification of property from a single family and quiet office classification to 'C-3', a general commercial classification as requested by the property owners. A Wendy's restaurant is to be constructed on that site. Ps, property owners in that vicinity, filed suit in chancery court to have the rezoning set aside. The surrounding properties were residential. Ps presented evidence that the properties immediately around the rezoning were residential, that a Wendy's would create increased traffic, noise, litter, odor, and bright lights at night. None of the Ps testified they had relied upon the recent Heights/Hillcrest Plan that was a guide for their area, but Ps stated that they had relied on the current residential zoning of the neighborhood when they made improvements to their properties. Ps proffered that the rezoning was inconsistent with the applicable guide for land-use decisions and plans in D and that it was spot zoning and as such inherently arbitrary. D's zoning administrator testified about all the businesses further down the street and within six blocks east and three blocks west of the property. D stated that because of the other businesses in the vicinity, the rezoning was not spot zoning. D also claimed the traffic on the street was below capacity and that the guide for land-use decisions was advisory, and this rezoning was not inconsistent with the guide. The chancellor held there is a presumption that D had acted in a reasonable manner and Ps had failed to meet their burden of proof which requires them to demonstrate the arbitrariness of its action, so he denied the petition. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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