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Keywords

lawsuithearingtrialzoningdue processjudicial review
damageshearingtrialzoningdue processjudicial review

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Homewood Citizens Ass’n v. City of Homewood, 548 So.2d 142

Facts

The Homewood Citizens Association, Inc. (HCA) filed a lawsuit against the City of Homewood and joint venture partners Crow-Brindell-Mitchell #2 and Samford University, alleging that the city's amendment to rezone approximately 180 acres of land to a PMUD was arbitrary and capricious. HCA claimed that the city violated their rights to substantive due process under 42 U.S.C. § 1983. The trial court dismissed HCA for lack of standing after they presented their evidence, and the case proceeded on the merits.

Homewood Citizens Association, Inc. (“HCA”), filed this action against the City of Homewood (“City”) and Crow–Brindell–Mitchell # 2 and Samford University (joint venture development partners, hereinafter referred to as “Samford), alleging in Count I that the City had arbitrarily and capriciously amended the ordinance to rezone the property in question as a PMUD, and in Count II that the City, in amending the ordinance, had violated HCA's rights to substantive due process, for which HCA sought damages under 42 U.S.C. § 1983.

Issue

Did the Homewood City Council act arbitrarily or capriciously in its decision to rezone the property, and was the notice of the rezoning hearings adequate?

Did the Homewood City Council act arbitrarily or capriciously in its decision to rezone the property, and was the notice of the rezoning hearings adequate?

Rule

When a municipal body acts to adopt or amend a zoning ordinance, it acts in a legislative capacity, and the scope of judicial review is restricted. The courts should not interfere unless the enactment is shown to be clearly arbitrary, capricious, or unreasonable, having no substantial relation to the public health, safety, or welfare.

When a municipal body acts either to adopt or to amend a zoning ordinance, it acts in a legislative capacity and the scope of judicial review of such action is quite restricted.

Analysis

The court found that the City of Homewood complied with the requirements of the PMUD ordinance and that the preliminary development plan submitted by Samford met the necessary criteria. The court noted that the plan provided adequate information regarding proposed uses, density, traffic circulation, and topography. Additionally, the court determined that the notice of the rezoning hearings was sufficient under the applicable laws.

The trial court certainly was not plainly or palpably wrong in finding that the information contained in the preliminary development plan complied with the requirements of the PMUD ordinance and that the City was not arbitrary and capricious in its decision to rezone the property.

Conclusion

The court affirmed the trial court's judgment, concluding that the City did not act arbitrarily or capriciously in its rezoning decision, and any error in dismissing HCA was harmless since the case was heard on its merits.

The trial court rendered a final judgment, wherein it held that the developers had complied with the requirements of the PMUD ordinance and that the Homewood City Council had not acted arbitrarily and capriciously in rezoning the property.

Who won?

The City of Homewood prevailed in the case because the court found that the city's actions regarding the rezoning were not arbitrary or capricious and that the notice provided was adequate.

The court affirmed the trial court's judgment, concluding that the City did not act arbitrarily or capriciously in its rezoning decision, and any error in dismissing HCA was harmless since the case was heard on its merits.

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