Jaffe v. City of Davenport

179 N.W.2d 554, 1970 Iowa Sup. LEXIS 889
CourtSupreme Court of Iowa
DecidedSeptember 2, 1970
Docket54063
StatusPublished
Cited by17 cases

This text of 179 N.W.2d 554 (Jaffe v. City of Davenport) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jaffe v. City of Davenport, 179 N.W.2d 554, 1970 Iowa Sup. LEXIS 889 (iowa 1970).

Opinions

STUART, Justice.

This is an action in equity attacking the validity of Ordinance Number 30600 of the City of Davenport which amended the comprehensive zoning ordinance by changing a portion of a tract of ground owned by in-tervenor John Kollias from R-5 residential to C-l neighborhood shopping center. The other intervenor, Eagle Food Centers, has an option to purchase the rezoned tract. The trial court held the ordinance constituted illegal spot zoning, declared it void and enjoined any action thereunder. Defendants and Eagle Food Centers appealed. We reverse.

We have considered several zoning cases recently. Hanna v. Rathje (Iowa, 1969), 171 N.W.2d 876; Anderson v. City of Cedar Rapids (Iowa, 1969), 168 N.W.2d 739; DePue v. City of Clinton (Iowa, 1968), 160 N.W.2d 860; Keppy v. Ehlers (1962), 253 Iowa 1021, 115 N.W.2d 198; Plaza Recreational Center v. City of Sioux City (1961), 253 Iowa 246, 111 N.W.2d 758; Hermann v. City of Des Moines, (1959), 250 Iowa 1281, 97 N.W.2d 893; Brackett v. City of Des Moines (1954), 246 Iowa 249, 67 N.W.2d 542; Keller v. City of Council Bluffs (1954), 246 Iowa 202, 66 N.W.2d 113.

The legislature has given municipalities the power to enact and amend zoning ordinances under their police power. Chapter 414, 1966 Code of Iowa; Anderson v. City of Cedar Rapids, supra, 168 N.W.2d at 742; Plaza Recreational Center, supra, 253 Iowa at 251, 111 N.W.2d at 762; City of Bloomfield v. Davis County Community School District (1963), 254 Iowa 900, 903, 119 N.W.2d 909, 911. Such ordinances are entitled to the same presumption of validity as other legislative enactments and if their reasonableness is fairly debatable, the court will not interfere with the action of the zoning authority by substituting its judgment for that of the legislative body. Hanna v. Rathje, supra, 171 N.W.2d at 880 and citations; Plaza Recreational Center v. City of Sioux City, supra, 253 Iowa at 252, 111 N.W.2d at 763; Hermann v. City of Des Moines, supra, 250 Iowa at 1285, 97 N.W.2d at 895; Brackett v. City of Des Moines (1954), 246 [556]*556Iowa 249, 260, 67 N.W.2d 542, 547; Keller v. City of Council Bluffs, supra, 246 Iowa at 206-207, 66 N.W.2d at 116; McQuillin, Municipal Corporations Vol. 8A §§ 25.278, 25.279, 25.281, 25.295.

The party asserting the invalidity of a zoning ordinance not invalid on its face has the burden of proving it is arbitrary, unreasonable or discriminatory by showing it has no real or substantial relation to the public health, comfort, safety or welfare. Hanna v. Rathje, supra, 171 N.W.2d at 880; Anderson v. City of Cedar Rapids, supra, 168 N.W.2d at 742; Plaza Recreational Center v. City of Sioux City, supra, 253 Iowa at 253, 111 N.W.2d at 763; Hermann v. City of Des Moines, supra, 250 Iowa at 1285, 97 N.W.2d at 895; McQuillin, supra, vol. 8A §§ 25.279, 25.296, 25.310.

Spot zoning results when a zoning ordinance creates a small island of property with restrictions on its use different from those imposed on the surrounding property. Keller v. City of Council Bluffs, supra, 246 Iowa at 206, 66 N.W.2d at 116; McQuillin, supra, Vol. 8 § 25.83 p. 223.

The term is descriptive, rather than legal, and although such action is not looked upon with favor by the courts, it is not necessarily illegal. Hermann v. City of Des Moines, supra, 250 Iowa at 1285, 97 N.W.2d at 895; Keller v. City of Council Bluffs, supra, 246 Iowa at 213-214, 66 N. W.2d at 120; McQuillin, supra, Vol. 8 § 25.83 p. 223, § 25.84 p. 231.

If the ordinance constitutes piecemeal or haphazard zoning of a small tract of land similar in character and use to the surrounding property for the benefit of the owner and not pursuant to a comprehensive plan for the general welfare of the community, it is arbitrary, unreasonable and invalid. Anderson v. City of Cedar Rapids, supra, 168 N. W.2d at 744; Keppy v. Ehlers, supra, 253 Iowa at 1023, 115 N.W.2d at 200; Hermann v. City of Des Moines, supra, 250 Iowa at 1284, 1288, 97 N.W.2d at 895, 897; Keller v. City of Council Bluffs, supra, 246 Iowa at 206, 66 N.W.2d 116; McQuillin, supra, Vol. 8 § 25.83, pp. 223-227.

Spot zoning is valid if it is germane to an object within the police power and there is a reasonable basis for making the distinction between the spot zoned and the surrounding property. Keppy v. Ehlers, supra, 253 Iowa at 1023, 115 N.W.2d at 200; Hermann v. City of Des Moines, supra, 250 Iowa at 1287, 97 N.W.2d at 896; Keller v. City of Council Bluffs, supra, 246 Iowa at 214, 66 N.W.2d at 120; McQuillin, supra, Vol. 8 § 25.84. The determination of this question is primarily a legislative matter and is largely within the zoning authority’s discretion.

The size of the spot zoned, the uses of the surrounding property, the changing conditions of the area, the use to which the subject party has been put and its suitability and adaptability for various uses are all matters to be considered in determining whether there is a reasonable basis for singling out certain property from the neighboring property. Keppy v. Ehlers, supra, 253 Iowa at 1024, 115 N.W.2d at 200; Hermann v. City of Des Moines, supra, 250 Iowa at 1285-1287, 97 N.W.2d at 895-896; Keller v. City of Council Bluffs, supfa, 246 Iowa at 206, 214, 66 N.W.2d at 116, 120; McQuillin, supra, Vol. 8 § 25.84.

Zoning is not static and any existing restrictions are subject to reasonable revision as the need appears and the ordinances may be amended any time circumstances and conditions warrant such action. Hanna v. Rathje, supra, 171 N.W.2d at 879; Anderson v. City of Cedar Rapids, supra, 168 N.W.2d at 743.

Each case must be decided on its own facts. Keller v. City of Council Bluffs, supra; McQuillin, supra, Vol. 8A § 25.282. The difficulty lies not with the law set out above but with its application to the facts of this case, which follow.

The real estate in question has been zoned R-5, single family dwelling dis[557]*557trict since 1925 as part of the comprehensive plan for Davenport. On November 15, 1967 the City Council passed ordinance number 30600 reclassifying and rezoning it as C-l neighborhood shopping district.

The rezoned property is a tract of over two acres approximately 222 feet wide and 435 feet long located on the southeast corner of the intersection of Locust Street and Lincoln Avenue in Davenport. Both streets are heavily traveled four-lane thoroughfares. Locust Street is one of the main cross-town streets. Lincoln Avenue connects the residential areas to the manufacturing districts to the north. The traffic at the intersection is controlled by a traffic signal.

The rezoned tract is in an older residential area, but has always been undeveloped and is used as a truck garden.

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Jaffe v. City of Davenport
179 N.W.2d 554 (Supreme Court of Iowa, 1970)

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Bluebook (online)
179 N.W.2d 554, 1970 Iowa Sup. LEXIS 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaffe-v-city-of-davenport-iowa-1970.