Nature of the Case
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Facts
Krause's (P) property was 3.5 acres of land which was basically laid out in a right triangle. (There is a map of the property in Casner 4th page1219). P's property was zoned for single-family usage, and from 1961 he has been applying for a zoning change. Finally, after numerous refusals, P sued D to prevent D from enforcing the current zoning on P's property. The trial court agreed and held that the one family zoning was void as it was an unreasonable and arbitrary exercise of the police power of D. D appealed.
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