Nathan Rodgers Construction, Inc. v. City of Saraland

1 So. 3d 46, 2008 Ala. LEXIS 117, 2008 WL 2469369
CourtSupreme Court of Alabama
DecidedJune 20, 2008
Docket1070640
StatusPublished
Cited by4 cases

This text of 1 So. 3d 46 (Nathan Rodgers Construction, Inc. v. City of Saraland) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nathan Rodgers Construction, Inc. v. City of Saraland, 1 So. 3d 46, 2008 Ala. LEXIS 117, 2008 WL 2469369 (Ala. 2008).

Opinion

LYONS, Justice.

Nathan Rodgers Construction, Inc. (“Rodgers”), petitioned this Court for a writ of certiorari seeking review of the Court of Civil Appeals’ no-opinion affir-mance of the Mobile Circuit Court’s judgment upholding the City of Saraland’s denial of Rodgers’s application for rezoning. See Nathan Rodgers Constr., Inc. v. City of Saraland (No. 2060803, January 18, 2008), — So.3d - (Ala.Civ.App.2008) (table). We granted the petition to consider Rodgers’s contention that the decision of the Court of Civil Appeals conflicts with Martin v. O’Rear, 423 So.2d 829 (Ala.1982). We affirm.

I. Facts and Procedural History

Rodgers is a real-estate development company that owns eight acres of property in the City of Saraland on which it wants to develop a subdivision consisting of patio homes. However, patio homes traditionally sit on lots with frontage of less than 100 feet and Rodgers’s property is in an area currently zoned R-l, which allows only [48]*48single-family homes on lots with frontage of 100 feet or more. Rodgers filed an application for rezoning with the Saraland Planning Commission requesting that its property be rezoned to R-1(A), which allows single-family homes on lots with less than 100 feet of frontage.

At the planning commission hearing on Rodgers’s application for rezoning, several residents expressed concern that the rezoning would create traffic and drainage problems in the surrounding areas, and the planning commission recommended that the Saraland City Council deny Rodgers’s application. The city council then held a public hearing on Rodgers’s application for rezoning. Several residents again expressed concern about potential traffic and drainage problems caused by the rezoning, and the city council denied Rodgers’s application for rezoning.

Rodgers sued Saraland, seeking a judgment declaring that Saraland’s zoning regulations and ordinances, under which the property is presently classified, are unconstitutional and otherwise invalid as applied to its property. Rodgers also sought in-junctive relief to reverse Saraland’s denial of the application for rezoning and asserted a claim under 42 U.S.C. § 1983 alleging that Saraland’s actions in denying its application for rezoning were discriminatory. After a bench trial in which, among others, a city councilman, a member of the planning commission, and a city councilman who also served on the planning commission testified, the trial court found in favor of Saraland on all counts. The trial court’s order stated:

“[Saraland] presented substantial evidence to the Court that its decision was based on legitimate police powers consideration, which was the City’s concern regarding increased traffic congestion on Celeste Road. While some aspects of ‘traffic engineering’ do require an expert witness in order to offer testimony to a court, [Saraland’s] witnesses were qualified, as lay witnesses and members of the City Council and long time residents of the City of Saraland, to testify as to their opinion regarding [the effect of Rodgers’s] proposed development on traffic on Celeste Road. The Court could accept or reject [Saraland’s] testimony regarding traffic congestion. The Court is not impressed by the testimony offered by [Rodgers] to counter [Saraland’s] traffic testimony.... Thus, the City Council’s decision to discourage increased automobile traffic by not rezoning [Rodgers’s] property is a valid exercise of the city’s police power as increased traffic can impact public safety. The Saraland City Council may not necessarily be correct in [its] assumptions about increased traffic but there is no evidence that [it] discriminated against the defendant or reached [its] decision based on an improper motive.
“Thus from hearing all the testimony and reviewing the applicable law, as to [Rodgers’s] count asking the Court for a declaratory judgment, the Court finds that the decision of the Saraland City Council in denying [Rodgers’s] zoning change was valid and lawful and was not arbitrarily [sic] or capricious.”

Rodgers appealed to the Court of Civil Appeals, which affirmed the trial court’s judgment without an opinion, citing in its no-opinion affirmance Pollard v. Unus Props., LLC, 902 So.2d 18, 24-25 (Ala. 2004); American Petroleum Equip. & Constr., Inc. v. Fancher, 708 So.2d 129, 132 (Ala.1997); BP Oil Co. v. Jefferson County, 571 So.2d 1026, 1028-29 (Ala.1990); and City of Birmingham v. Morris, 396 So.2d 53, 55 (Ala.1981). Rodgers then petitioned this Court for certiorari review, contending that prior decisions of this Court conflict with the Court of Civil Ap[49]*49peals’ no-opinion affirmance. We granted certiorari review in this case to consider Rodgers’s contention that the Court of Civil Appeals’ no-opinion affirmance conflicts with Martin v. O’Rear, 423 So.2d 829, 881 (Ala.1982).

II. Standard of Review

“In reviewing a decision of the Court of Civil Appeals on a petition for a writ of certiorari, this Court ‘accords no presumption of correctness to the legal conclusions of the intermediate appellate court. Therefore, we must apply de novo the standard of review that was applicable in the Court of Civil Appeals.’ Ex parte Toyota Motor Corp., 684 So.2d 132, 135 (Ala.1996).”

Ex parte Exxon Mobil Corp., 926 So.2d 303, 308 (Ala.2005).

The standard of review in a zoning case is highly deferential to the municipal governing body. See American Petroleum Equip. & Constr., Inc., 708 So.2d at 132 (“Because the adoption of an ordinance is a legislative function, the courts must apply a highly deferential standard in zoning cases.”).

“ ‘[P]assage of a zoning ordinance is a legislative act, and it is well established that municipal ordinances are presumed to be valid and reasonable, to be within the scope of the powers granted municipalities to adopt such ordinances, and are not to be struck down unless they are clearly arbitrary and unreasonable.’ Cudd v. City of Homewood, 284 Ala. 268, 270, 224 So.2d 625, 627 (1969).”

Pollard, 902 So.2d at 24.

III. Analysis

Rodgers contends that the Court of Civil Appeals’ affirmance of the trial court’s judgment upholding Saraland’s denial of its application for rezoning conflicts with Ma,rtin. According to Rodgers, Martin held that a city’s zoning decision must be based upon professional or expert studies, and here, it says, Saraland’s denial of its application was based solely upon the speculative testimony of several residents. Specifically, Rodgers asserts that in Martin, 423 So.2d at 831, this Court reversed the trial court’s judgment affirming the City of Jasper’s adoption of an amendment to a zoning ordinance because the City of Jasper produced “no documentary studies or expert witnesses to indicate that there was any factual basis” for the fears that the amendment would cause overcrowding and other problems. Rodgers contends that, as was the case with the City of Jasper, Saraland had no factual basis for denying its application for rezoning; therefore, it argues, the Court of Civil Appeals’ decision affirming the trial court’s judgment in favor of Saraland is due to be reversed. Saraland contends that Martin is distinguishable from the present case because in

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1 So. 3d 46, 2008 Ala. LEXIS 117, 2008 WL 2469369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nathan-rodgers-construction-inc-v-city-of-saraland-ala-2008.