Implication of planning - Essay Example

Implication of planning In order to bring a lawsuit against the Council claiming that the rezoning is invalid, The Willow Hill Neighborhood Association, needs to first ascertain that rezoning constitutes an illegal spot zoning. According to a Texas Supreme court, spot zoning refers to unacceptable mandate or amendment that aims at singling out a small portion of land for a differing treatment as that accorded to surrounding land by an existing ordinance without any sufficient proof of changes in condition (A. H. Rathkopf, D. A. Rathkopf, and C. A. Rathkopf).

The Willow Hill Neighborhood Association, can bring the suit, for the claim or action that the decision by the City Council to rezone land that was previously zoned for single-family development on three-acre lots is invalid since the are no conditions or changes in conditions in the surrounding area warranting it. They should argue that the subject land was suitable as had been previously owned. They must try and convince the court in their application that the rezoning by the City Council somehow do not have any substantial bearing or relationship to safety, general welfare, public health, morals or preserve and protect cultural and cultural areas and places.

Additionally, the Willow Hill Neighborhood Association needs to convince the court that the decision to rezone by the City Council severely affect to a large extent upon surrounding lands, by arguing and asserting that, the rezoning is in a way inconsistent with the zoning in the neighboring lands. It would be worth if The Willow Hill Neighborhood Association, in addition, argues that, the rezoning may result in substantial detriment to the neighboring lands (Mandelker). As mentioned earlier, The Willow Hill Neighborhood Association, should claim for the action that the City Council acted arbitrarily in making the decision to rezone.

It is worth mentioning that, action or decision by the City Council, which should be considered as spot zoning, is a preferential action that in some sense defeats the already existing comprehensive plan. If and when the Willow Hill Neighborhood Association win the suit against the City Council for rezoning one edge and across the street of the previously existing Ordinance that designated the land for single-family development on three-acre lots, to a multifamily residential development, they are likely to get a relief such as the court issuing a judgment declaring the decision of the City Council as constituting a spot zoning this is not in any way warranted by any conditional changes, as such, it is invalid.

Additionally, given that the City Council acted arbitrarily, the decision is invalid. This will solve the problem with this tract of land, at least with respect to barring the City Council from earlier ordinance that the land was meant for single-family development to multi-family residential development.What if the would-be plaintiff is the owner of a home approximately one-half mile from the multifamily development? Would she have standing to sue to challenge the rezoning for the development?

Works CitedMandelker, Daniel R. Land Use Law. LexisNexis Matthew Bender, 2003. Web. 11 Feb. 2013.Rathkopf, Arden Herman, Daren A. Rathkopf, and Charles Allan Rathkopf. The Law of Zoning and Planning: Analysis of the Law of Zoning, Comprehensive Citation of Cases, Excerpts from Court Decisions, Essential Forms. New York: C. Boardman Co., 2004. Print.