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This section contains the nature of the case and procedural background.

Island Sand and Gravel, Inc. purchased a 17-acre parcel of land in the Holmes Harbor area. D passed an interim zoning ordinance, which zoned the Holmes Harbor area as residential. Around this time, Island Sand and Gravel began building a cement batching plant on its property. Island Sand and Gravel filed to have its land rezoned to commercial. D denied the request. Island Sand appealed, and D rezoned the land to commercial. The rezoning left a 'green belt' of 10 feet between the gravel company's batching plant operations and the land of neighboring property owners. P, one of the neighboring property owners sued to review D’s decision to rezone. Island Sand and Gravel’s property. The court entered judgment for Island Sand and Gravel, Inc., sustaining the rezoning P appealed. P contends (1) the board of commissioners acted arbitrarily and capriciously in rezoning the property from residential to commercial, and (2) such a reclassification, under the circumstances, constituted 'spot zoning.'

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