Smith v. County of Washington

Plaintiffs, homeowners in Washington County, sued to enjoin ① the rezoning of a tract of residential land so that it could be used for manufacturing. The trial court held that rezoning was a legislative matter, and that, on the facts of the case, the proposed action by the county commissioners was not subject to judicial intervention. Plaintiffs appeal.

The tract in question contains 4.3 acres and is surrounded by land that was and is zoned for residential use as part of a comprehensive plan of development adopted by Washington County in 1959. Most of the land visible from the site in question…