Builders Dev. Co. v. City of Opelika

This is an appeal from a denial of a bill for declaratory judgment. The plaintiff, Builders Development Company (Builders), attacked the rezoning by the City of Opelika of a parcel of property Builders owned in Opelika. Since we find that proper notice was not given by the City we do not reach the other issues raised on appeal. We reverse and remand.

Since 1968 Builders has owned a parcel of property at the intersection of Rocky Brook Road and Morris Avenue in Opelika. Under the City's Comprehensive Zoning Plan of 1969 this property was zoned to permit multi-family units. In June of 1977…