State Ex Rel. Hundley v. City of Alexandria

On Motion to Remand.

After this case had been submitted and the opinion duly written in accordance with “the conclusion of the court reached in consultation before the case is assigned for writing the opinion” (Const. 1921, art. 7, § 6, p. 37), defendant filed a motion to remand the case for the purpose of taking evidence upon a new issue then raised for the first time, to wit, that at the time relators made their application for a permit to build, the defendant had in contemplation a “zoning” ordinance covering the whole city, and particularly prohibiting the construction of the kind of…