City of Gadsden v. Downs

The City of Gadsden appeals from a circuit court decree holding invalid its ordinance rezoning a lot from residential to business classification. We find that the trial court erred in holding that the City's action was "arbitrary and capricious and not in accordance with a comprehensive plan," and, therefore, we reverse and remand with directions.

The lot in question, 406 South Fourth Street in Gadsden, is owned by James S. Phillips (defendant-intervenor below), who sought to relocate his Century 21 real estate office onto the property. The property had been zoned R-3 Multi-Family Residential…