ABSTRACT
The planning commission agrees with the perspective of the new residents and recommends a downzoning of the 50-acre parcel to single-family detached residential at a density of two dwelling units per acre. It is noted by the commission that this property is further away from the center of the new town than the remaining townhouse zoning. The downzoning in this case raises two Substantive Due Process issues regarding the reasonableness of the city council's action: spot zoning and lack of stated reasons for the downzoning. A specific parcel downzoning following a previous comprehensive rezoning raises the question of reverse spot zoning. If the downzoning is found to serve a valid public purpose, a taking will only be found if the effect of the downzoning is to restrict substantially all use of the individual's property. The applicant appeals the decision to the circuit court on the grounds that there is no valid public purpose for the downzoning.
