Bob Jones University, Inc. v. City of Greenville

*365Bussey, Justice

(dissenting) :

Finding myself unable to agree with the majority opinion and the result reached in this case, I feel impelled to set forth as concisely as possible my views thereabout.

The pivotal issue in this case is, not whether the City of Greenville has the right to amend its zoning ordinance, but whether here the city acted in contravention of the enabling statute, and in excess of the powers granted, in adopting the particular ordinance. The ordinance, of course, carries a presumption of validity, but voluminous evidence, both oral and documentary, tending to overcome the…