City of Jackson v. McPherson

Ethridge, J.,

delivered a dissenting opinion.

I dissent from the majority opinion, as I think chapter 308, Laws of 1926, has been improperly construed. In fact it has been given no written construction in the majority opinion concerning what the city shall do under section 4 of said chapter. The ordinance adopted by the city purporting to act under said chapter does not conform to its requirements, in my opinion, and the judgment could be affirmed upon that ground alone. It makes no declaration of any facts influencing the city’s judgment in laying out its zoning districts, and if the ordinance…