State Ex Rel. Fairmount Center Co. v. Arnold

Appellant challenges the validity of both the rezoning Ordinance No. 4708 and the “interim” or “stop-gap” Ordinance No. 4709.

That Ordinance No. 4708 was aimed solely at appellant’s property is obvious. There was no other property to be affected. It is undisputed that in the absence of the stop-gap Ordinance No. 4709, a clear legal duty rested upon appellee to issue the building permit. The real question here is: Did the city have the right, by stop-gap ordinance, to hold off appellant until it could put into effect an ordinance rezoning appellant’s property?

Appellee’s brief contains the…