Roark v. City of Caldwell

McFADDEN, Justice.

The respondents, hereinafter referred to as the plaintiffs, instituted this declaratory judgment action for a determination of the validity of an airport zoning ordinance adopted June 19, 1961, by appellant, City of Caldwell, hereinafter sometimes referred to as the City. This ordinance affected the property owned by the plaintiffs; after trial, the trial court held the ordinance to be unconstitutional, invalid and void, and entered judgment accordingly, from which judgment the City appealed.

The City in its brief cogently states the issue presented by this appeal to be…