Griswold v. City of Homer
Alaska Supreme Court
925 P.2d 1015 (1996)
Homer's comprehensive plan designated a Central Business District (CBD) mainly for retail uses, with pre-existing auto businesses grandfathered in. After a landowner, Rosi, lost his grandfathered status and asked the city to allow auto sales again, the City Council passed an ordinance permitting vehicle sales and repair on 13 CBD lots, including Rosi's. Griswold (plaintiff), who owned a grandfathered repair shop in the CBD, sued the City (defendant), claiming the ordinance was illegal spot zoning benefiting Rosi at the public's expense. The trial court ruled for the City, and Griswold appealed.
Whether a zoning ordinance that benefits a specific landowner is illegal spot zoning when it is nonetheless consistent with the comprehensive plan, serves a genuine public benefit, and covers a proportionate area.