Kelly v. City of Bethany

DOOLIN, Justice:

This appeal arises out of an attempt by appellants to secure approval of a plat in a residential area in the City of Bethany (Bethany). The Planning Commission of Bethany (Commission) approved the plat conditioned on the solution of a possible drainage problem. Thereafter, pursuant to Bethany ordinances, the plat was submitted to the Bethany City Council (Council) for its approval. Council minutes reflect the vote was three to three on motion to accept the plat; thus it failed for lack of a majority. No reasons were stated as to why the plat was not approved.

Appellants…