Dennis Et Ux v. City of Oswego

This case involves the validity of a zoning ordinance adopted by defendant city. The trial court sustained the ordinance and plantiffs appeal. Plaintiffs alleged that the city council acted in an unlawful, arbitrary and capricious manner to oppress plaintiffs when the city adopted the contested ordinance. Other issues are raised but the only real question is that presented by the allegations of arbitrary and capricious action. The ordinance rezoned a part of the commercial area of the city and eliminated automobile service stations as a permissive business within the “downtown” portion of the…