MUNICIPAL CORPORATIONS-ZONING-LIMITATIONS ON THE POWER TO LIFT ZONING RESTRICTIONS

A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment setting aside the amendment, held affirmed.

Rezoning amendments which violate the basic purposes supposed to be served by the zoning power are void as unreasonable exercises of such power. Davis v. City of Omaha, 153 Neb. 460, 45 N.W. (2d) 172 (1950).