Van Sicklen v. Browne

The city planning commission denied a property owner's permit application to build an automobile service station in a Highway Service District, even though the use complied with the property's zoning designation, reasoning there were already enough service stations at more logical intersections, that approval would set a hard-to-deny precedent, and that a new station would sit too close to a residential area; the zoning ordinance's stated purpose was to "strengthen and promote development through stability and balance." The property owner challenged the denial in court, which affirmed the commission's decision, and the owner appealed.