Mayor & Aldermen of City of Savannah v. Rauers

Hill, Chief Justice.

In this zoning case, the trial court found single family residential zoning in Savannah an unconstitutional deprivation of the owners’ property and set the zoning aside. The city appeals.

1. At the outset, the city urges that the trial court erred in overruling its motion in limine to exclude evidence offered by the property owners in court which was not presented to the city council. The city urges that the court should decide the owners’ constitutional challenge to the zoning ordinance on the basis of the evidence before the city council; i.e., no trial de novo should be…