Riverbend Partnership v. City of Mobile

Riverbend Partnership appeals from the final determination in a declaratory judgment action in which Riverbend sought to have a City of Mobile zoning ordinance declared invalid because it conflicted with the State statute authorizing zoning boards of adjustment. The Circuit Court of Mobile County held that the Mobile ordinance was constitutional and not in derogation of the State statute. We disagree and reverse.

The case arose from these facts:

Appellant Riverbend owns an 8.26-acre parcel of land within the corporate limits of Mobile. The property is zoned by the city for single-family…