Jaffe v. City of Davenport, 54063

• Citation: 179 N.W.2d 554
• Decision Date: 02 September 1970
• Docket Number: No. 54063,54063
• Court: United States State Supreme Court of Iowa
• Parties: Lawrence P. JAFFE and Jane M. Jaffe, Appellees, v. CITY OF DAVENPORT, a Municipal Corporation, Rex C. Matthews and Cliff Bourdeau, Appellants, and Eagle Food Centers, a Maryland Corporation, and John A. Killias, Intervenors-Appellants.

Page 554

179 N.W.2d 554

Lawrence P. JAFFE and Jane M. Jaffe, Appellees, v. CITY OF DAVENPORT, a Municipal Corporation, Rex C. Matthews and Cliff Bourdeau, Appellants, and Eagle Food Centers, a Maryland Corporation, and John A. Killias, Intervenors-Appellants.

No. 54063.

Supreme Court of Iowa.

Sept. 2, 1970.

Richard A. Larsen, Asst. City Atty., for appellants.

Wells, Brubaker & de Silva, Davenport, for appellees.

Doerr, Dower & Rehling, Davenport, for Eagle Food Centers.

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 intervenor John Kollias from R--5 residential to C--1 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 Iowa 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.

Sport 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, 253 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, supra, 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 district 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--1 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. It is bordered on the east and south by other small vacant tracts of land zoned R--5. For about six blocks east, six blocks north, 16 blocks south and one and one-half blocks west the real estate is used for residential purposes except for two non-conforming uses two blocks east.

Westfair Shopping Center and several other small stores are located in an area zoned C--1 and C--2 starting about 400 feet west of the intersection. There is some undeveloped land in these zones over three blocks west. The population in this portion of the city has increased greatly in recent years and the trend is expected to continue. The real estate manager for Eagle Food Centers testified that the area within a mile of the intersection was 'understored' about 50%.

Kollias made unsuccessful efforts to have the property rezoned in May 1959, January 1963, March 1963, December 1964 and December 1965. In 1964 or 1965 Lincoln Avenue was straightened and widened to four lanes. Locust Street was widened to four lanes all across Davenport in 1967 and 1968. In 1965 57.2% Of the area and 34 property owners within the required limits protested the rezoning. In 1968 resistance dropped to 24.8% Of the area and 26 owners.

Witnesses for both sides agree the tract in question is most suitable for commercial development. The increased volume of traffic and the accompanying noise, odors and dangers make it less desirable for residential purposes. Although there was evidence the neighborhood was stable, there was also evidence Locust Street is becoming commercial its entire length. It is difficult to sell residences on Locust for residential purposes. One witness testified this plot would probably never be developed for residential use.

The director of the city plainning commission was a witness for plaintiffs. He did not feel the widening of the streets indicated a change in the acceptability of the property for single family dwellings. On cross-examination he testified:

'As a matter of zoning policy, I am in favor of commercial development on major intersections and Lincoln and Locust is a major intersection.

'The highest and best use of the subject property is commercial.

'I do not suggest that the City Council was wrong in rezoning this property even though I cannot agree with it.'

The action taken by the council under ordinance 30600 constituted spot zoning. However, we do not believe it acted unreasonably, arbitrarily or capriciously. There was a reasonable basis for differentiating between this tract of ground and the surrounding tracts.

The comprehensive zoning ordinance contemplated and authorized this type of action. Article XVI of the Zoning Ordinance of 1964 for the City of Davenport states that a C--1 Neighborhood Shopping District 'is intended to provide for individual or small groups of...