Ely v. City Council of Ames
Iowa Court of Appeals
787 N.W.2d 479 (2010)
The Elys (plaintiffs), owners of a nearby commercial auto shop, challenged the City Council's (defendant's) historical-landmark designation of an adjacent, deteriorating 1920s home significant to the local African-American integration movement, arguing both a procedural due process violation and illegal spot zoning, while acknowledging no protected property interest in the neighboring landmark status itself; the district court upheld the designation after a bench trial, finding the home's continued rental use predated and was independent of the new designation.
Whether illegal spot zoning occurs when a reclassification of one or more parcels of property results in an approved use that was previously prohibited by the original zoning ordinance.