Hays v. City of Winchester

MILLIKEN, Justice.

The Board of Commissioners of the City of Winchester rezoned from C-D (commercial) to R-3 (residential) a tract of land containing six parcels which front on both sides of Boone Avenue at or near its intersections with Belmont Avenue and Short Street. A group of property owners brought action attacking the rezoning ordinance on the ground that it was arbitrary and unreasonable. The circuit court entered judgment upholding the ordinance and the plaintiffs have appealed.

Prior to 1963, the tract was zoned for residence purposes and in that year, the city entered into an…