Citizens for Mount Vernon v. City of Mount Vernon

(dissenting) — Although the majority discusses several different issues, at the end of the day it reverses the Mount Vernon City Council, concluding this commercial project is inconsistent with the city’s R-2A residential zone. Had this been a commercial zone the majority would have affirmed the council by the same logic.

Assuming the majority is correct on the merits, we still must ask if the court is at liberty to decide the merits, given our prior pronouncements on the necessity to raise appropriate objections before an administrative agency to test their disposition on subsequent judicial…