Adler v. City Council

This is a taxpayers’ action for a declaratory judgment invalidating an ordinance rezoning a certain parcel of realty (9.56 acres) owned by one Blanco, and for an injunction against enforcement of said ordinance. From an adverse judgment plaintiffs appeal.

Appellants have made no charge of fraud, collusion, lack of bona tides or failure on the part of the City Council to perform any duties specially enjoined upon it nor do they challenge the wisdom of the zoning change which was actually made by the council. No attack is made upon the findings of fact. Their attack rests wholly upon legal…