Budd v. Davie County

ORR, Judge.

This is an action by plaintiff for a declaratory judgment in which plaintiff sought a declaration that a zoning amendment to the Davie County Zoning Ordinance was invalid. The sole issue presented by this appeal is whether the trial court erred in granting defendants’ motion for summary judgment and denying plaintiff’s motion for sum mary judgment. Based on our holding below that the amendment constituted an illegal spot zoning, we find that the trial court did err.

The zoning ordinance at issue is a comprehensive zoning ordinance which classifies all of the property in Davie County…