Pate v. City Council of Tuscaloosa

This is a zoning case.

In March 1990, Luther S. Pate IV sued the City Council of Tuscaloosa (City Council), requesting that the trial court declare § 35-105(B) of the zoning ordinance of Tuscaloosa (the 1986 ordinance) invalid. Specifically, Pate claimed that the 1986 ordinance, as it prohibited the construction of new off-site billboards in certain restricted areas, was not in furtherance of Ala. Code 1975, § 11-52-72, and that certain provisions of the 1986 ordinance had been enforced arbitrarily and capriciously, while other provisions were not enforced.

Pate later amended his complaint by…