Upset with a recent rezoning decision by the City Council, local resident Ray G. Crandall has filed a complaint with the 4th District Court.
Crandall's complaint asks the court to review the council's decision and declare the rezoning "arbitrary, capricious or illegal and, therefore unenforceable." He also asks the court to prohibit the city from rezoning the property and not allow development as was discussed in the Oct. 4 City Council meeting.City Council members are holding to their original decision and the advice of City Attorney James Brady, who said the general plan is advisory, not mandatory, and zoning changes can be made without amending the plan. Brady also reminded the council they should not be swayed by public clamor on the matter.
"The council was not illegal and we were within our rights," said council member Walter Walser. "I have no reason to change my vote."
But if Mayor Richard Maxfield had his way, the council would not have voted in favor of the rezoning in the first place. In the Oct. 18 council meeting Maxfield handed the council a letter of disapproval.
The letter said Maxfield believed the council's action was arbitrary and capricious; that the property may not be rezoned without first amending the general plan; the action was contrary to the recommendation of the Planning Commission and without any basis or justification.
"I haven't changed my mind," Maxfield said.