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86
Smith v. City of Little Rock
WENDY’S- ZONING
Majority
-no problem, nothing arbitrary
-Zoning Amendment (good)- Is it arbitrary?
-Arising from unrestrained exercise of will, caprice, or personal preference, based on random or convenient choice, rather than on reason or nature.
Dissent
-like pig in a parlor
serene area until now
-Spot Zoning (bad)
-Singles out small parcel of land for different treatment
-Primarily for benefit of private owner, rather than public
-In a manner inconsistent w/ general plan for community
BALANCE BETWEEN INDIVIDUAL AND WHAT SOCIETY NEEDS
Majority
-no problem, nothing arbitrary
-Zoning Amendment (good)- Is it arbitrary?
-Arising from unrestrained exercise of will, caprice, or personal preference, based on random or convenient choice, rather than on reason or nature.
Dissent
-like pig in a parlor
serene area until now
-Spot Zoning (bad)
-Singles out small parcel of land for different treatment
-Primarily for benefit of private owner, rather than public
-In a manner inconsistent w/ general plan for community
BALANCE BETWEEN INDIVIDUAL AND WHAT SOCIETY NEEDS
