City of Birmingham v. Norris

In this case we are called upon to decide whether to affirm the trial court's finding that the City Council of Birmingham acted in an arbitrary, capricious manner in refusing to rezone appellee's property from residential to business.

Issues presented and discussed herein include:

1. In reviewing an action of a municipal or county legislative body, what is the trial court's permissible scope of review?

2. What constitutes a "fairly debatable" question presented to the legislative body so as to remove an adverse decision from the realm of arbitrariness or capriciousness?

Appellee Norris owns…