Paul v. City of Manhattan

The opinion of the court was delivered by

Foth, C.:

This case involves a challenge to the validity of an ordinance of the City of Manhattan rezoning “Cedar Crest,” a 54-lot subdivision, from “R” single-family residential to “R-2” two-family residential. Plaintiffs, Mr. and Mrs. Warren I. Paul, are neighboring landowners and residents. They brought this action on behalf of themselves and other neighbors attacking both the procedure leading to the rezoning ordinance and its reasonableness. The ordinance was upheld by the trial court and plaintiffs have appealed.

The rezoning was requested by the…