Carney v. City of Daphne

WRIGHT, Presiding Judge.

In May 1985, the City of Daphne passed an amendment to the city’s zoning ordinance in order to allow certain property, formerly zoned residential, to be used for commercial purposes. Plaintiffs, residents of a neighborhood adjacent to the subject property, opposed the rezoning. After the amendment was passed, plaintiffs filed a complaint in Baldwin County Circuit Court seeking to have the amendment declared void. They contend that the procedural requirements set out in §§ 11-52-77, -78 of the Code of Alabama 1975, which govern the adoption of ordinances and their…