City of Rome v. Shadyside Memorial Gardens, Inc.

The construction of a zoning ordinance, under the facts, is a question of law for the courts, and in construing same the cardinal rule is to ascertain and give effect to the intention of the lawmaking body. Zoning ordinances not only must be non-discriminatory and reasonable, but must be applied in a non-discriminatory and reasonable manner and are to be strictly construed in favor of the landowner. Moorehouse v. Hunt, 235 Wis. 358 (291 N. W. 745); Yokley Zoning Law and Practice, pp. 466, 467; Illinois Bell Telephone Co. v. Fox, 402 Ill. 617 (85 N. E. 2d 43); Monument Garage Corporation v.…