City of Russellville v. Banner Real Estate

DAVID Newbern, Justice.

This is a zoning case. The issue is whether a city council may, upon oral motion, adopt a rezoning ordinance which differs from one proposed by the city’s planning commission. We reverse the Chancellor’s decision awarding a partial summary judgment, the effect of which was to preclude the city council from doing so.

The City of Russellville petitioned the Russellville Planning Commission to rezone certain property facing Twelfth Street in Russellville from category C-4, quiet commercial, to category R-l, single-family dwellings. The tract under consideration included…