Broening v. Haley

The following opinion was delivered

The appeal is from an order overruling a demurrer to a bill of complaint for an injunction to restrain the passage by the city officials of an ordinance changing the nature of an area under the zoning plan, so that the complainant, a landowner in that area, could not proceed with plans for building in accordance with previous zoning of the area, and refusing to dissolve an injunction previously issued. The proposed ordinance is attacked on the grounds that it would constitute an attempt to exercise arbitrary, unreasonable powers not possessed by the city,…