Morgan v. Banas

This is a bill for a declaratory decree as to the validity of an amendment to the zoning ordinance of Springfield whereby certain land of the defendant Bañas on the north side of Boston Road was changed from “Residence B” to “Business A.” The trial judge found the amendment valid. Beyond this he made no express findings. He dismissed the bill. The evidence is reported.

The plaintiffs insist that the amendment is invalid for several reasons with which we shall deal in turn.

1. There is not enough in the evidence to prove that this is an instance of so called “spot zoning.” There appear to have…