Ex parte Buck.Annotate this Case
Plaintiffs Frank and Martha Buck, challenged the Court of Civil Appeals’ decision to affirm the trial court's judgment in favor of defendants CH Highland, LLC (“Highland”) and the City of Birmingham (“City”) in their challenge to a City rezoning ordinance. The Bucks owned property in the City. Highland, a real-estate-development company, wanted to build a multistory apartment complex ("the project") on property located adjacent to the Bucks' property. As planned, the project did not conform with the then existing zoning restrictions for the area in which the subject property was located. Thus, Highland submitted a rezoning application to the Zoning Advisory Committee of the Birmingham Planning Commission. Highland requested that the subject property be rezoned from a "B-2 general business district" to a "B-3 community business district" so that it could construct the project. The Alabama Supreme Court found that the proposed rezoning ordinance that was published merely indicated to the public that there would be a zoning change from a B-2 district to a B-3 district. Ordinance 1949-G did not create a B-3 district; instead, it created a district of a substantially smaller range of uses than what was otherwise disclosed to the public in the Public Notice of the rezoning change. “Even if this Court were to reject the long-standing rule that, to invalidate an ordinance, it is unnecessary for the public to be prejudiced by the City's failure to publish the ordinance, we cannot presume that no prejudice occurred in this case.” The Court reversed the Court of Civil Appeals, and the case was remanded for further proceedings.