Heckman v. City of Independence

The opinion of the court was delivered by

Burch, J.:

The action was one to compel the city to issue a building permit contrary to provisions of a zoning ordinance. The district court held the ordinance to be unreasonable and arbitrary. The city appeals.

The ordinance divided the city into three zones, a business zone, a residence zone, and an unclassified zone. The relation of the business zone to the residence zone at the place in controversy is disclosed by the accompanying map.

Plaintiff owns the three 25-foot lots fronting on Main street at the northeast corner of block 57. He has occupied…