Dewey v. Doxey-Layton Realty Co.

McDonough, chief justice.

From judgment entered pursuant to an order sustaining defendants’ motion to dismiss the amended complaint, plaintiffs appeal, contending that, as property owners, they have a right to initiate a residential rezoning ordinance and that, pending a vote on the matter, they are entitled to an injunction to prevent the building of business property and/or a judicial declaration that no vested rights will be acquired by present builders should the initiative petition be successful.

According to the complaint, property in the area of Foothill Drive between 13th South and 17th…