Scottsbluff Improvement Ass'n v. City of Scottsbluff

This is an error proceeding taken from the action of the mayor and council of the city of Scottsbluff in adopting a rezoning ordinance. The action was dismissed by the triál court and we affirm the judgment.

It appears that there is a jurisdictional feature present which prevents our considering this cause on its merits. A zoning ordinance constitutes the exercise of a governmental and legislative function and a city council adopting a rezoning ordinance which amends a general zoning ordinance acts in a legislative capacity. See, Johnston v. City of Claremont, 49 Cal. 2d 826, 323 P. 2d 71;…