City Of Pharr v. Tippitt

616 S.W.2d 173 (1981)

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Nature of the Case

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Facts

Mayfair Minerals, Inc. owned 10.1 acres of land which was zoned R-1, single-family residence use. Mayfair applied to get it rezoned to R-3, multi-family residence use so it could build duplexes and quadruplexes. The Planning and Zoning Commission rejected its staff's recommendation that the zoning request be approved. D voted four to one and enacted an ordinance that rezoned the property. Ps sued D seeking a judgment declaring a zoning ordinance invalid. D testified that it needed additional multifamily housing and that there were no other undeveloped tracts zoned for or large enough to be zoned for multi-family residential use. If rezoned the number of units would increase from 44 to 50. The court ruled for D and P appealed. P claimed that D acted arbitrarily because the amendatory ordinance was spot zoning that was not warranted by any change in conditions in the area. The court agreed and reversed. D appealed.