ABSTRACT
A developer applies to the city for rezoning from R-1 single-family residence to C-2 highway commercial for three lots on the south side of a major highway. The developer argues that the heavily traveled nature of the highway, the presence of commercial zoning on adjoining properties, and the changing character of the residential area to the northwest justify the rezoning. The city's planning staffs recommends denying the rezoning change, pointing to the comprehensive plan, whose commercial area land use designation follows the boundaries of the C-2 zoning district exactly. The developer could challenge the constitutionality of the zoning as applied, contending that the current zoning of the property violates the Equal Protection requirements of the Fourteenth Amendment. The developer could also argue that the refusal to rezone his lots is unreasonable, and therefore a denial of Substantive Due Process. The court is likely to defer to the judgment of the municipality if a reasonable rationale is offered.
