Property Keyed to Rabin
Van Sicklen v. Browne
The city planning commission (Defendants) denied the Van Sicklens’(Plaintiffs) application for a permit to construct an automobile service station in the Highway Service District. Although the proposed use complied with the property’s zoning designation, the city denied the application because there were already enough service stations more logically located at major intersections. In addition, approval would set a precedent that would make it harder to deny other such applications, and approval would establish an unneeded service station too close to a residential area. The stated purpose of the zoning ordinance was to “strengthen and promote development through stability and balance.” Plaintiffs challenged the Defendants’ decision in court, which affirmed the decision of the city’s planning commission. Plaintiffs appealed.
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