Zopfi v. City of Wilmington

The plaintiffs do not complain of any restriction imposed by the zoning ordinances upon their rights to use their own properties as they wish to use them. The ordinances in question leave the plaintiffs free to do that. What the plaintiffs seek is an adjudication that Mrs. Morton and Mrs. Cocke are not entitled to make the uses of their property which they wish to make of it and which the ordinances in question purport to permit.

To arrive at this result the plaintiffs seek an adjudication that the amending ordinances permitting such uses of the Morton-Cocke land are void, so as to leave in…