Heaney v. City of Oshkosh

The issue is: Did the ordinance amending the comprehensive zoning ordinance constitute illegal spot zoning and was it null and void as being arbitrary and unreasonable and in excess of the city council’s legislative discretion?

Zoning authority is granted to municipalities by sec. 62.23 (7), Stats., which provides in part:

“Zoning, (a) Grant of power. For the purpose of promoting health, safety, morals or the general welfare of the community, the council may by ordinance regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that…