Summit Properties, Inc. v. Wilson

OPINION

HAIRE, Chief Judge, Division 1.

The central question on this appeal is whether a county zoning commission can validly recommend to the County Board of Supervisors zoning ordinance amendments which are substantially different from those originally sought and noticed for hearing, without first giving new notice of the proposed amendments, as changed, and then holding a new hearing before the Zoning Commission. The facts pertinent to this question and other issues raised on appeal are as follows.

In 1969 the appellant-defendant Summit Properties sought rezoning of the real property it owned…