Orange County v. Heath

HIGGINS, Justice.

The plaintiff alleged the defendants were in violation of the original zoning ordinance of February 6, 1967, limiting the described lands to residential use. The complaint did not refer either to an amendment passed on May 6, 1968, rezoning the area to use as a trailer home park, or to the attempt of the Orange County Board of Commissioners to rescind the amended ordinance in a special meeting held on May 18, 1968. However, by brief, the plaintiff suggested the rezoning order is void as an act of spot zoning and, being void, may be ignored. In the alternative the plaintiff…