City of Georgetown v. Deevco, Inc.

CLAY, Commissioner.

This is an appeal from a judgment invalidating the action taken by the Georgetown Municipal Planning and Zoning Commission when it declined to approve a land-use plan submitted by appellees. The Chancellor’s ruling was based on his conclusion that the Commission’s order was arbitrary, discriminatory and not supported by substantial evidence.

The property involved is a lot on the corner of U.S. Highway 25 and Hiawatha Trail in the City of Georgetown. It has a frontage of 175 feet on U.S. 25 and 125 feet on Hiawatha Trail. This area is zoned B-2 (Commercial) and a gasoline…