Question
Ella developed a subdivision called North Ridge in Foothill City which consisted of 200 lots, each five acres in size; all the lots were in
Ella developed a subdivision called "North Ridge" in Foothill City which consisted of 200 lots, each five acres in size; all the lots were in the R-1 zone, where the only permitted use was one single-family residence on a lot containing at least three acres in size. Buyers quickly purchased almost all of the lots and began building homes. The only lot that did not sell was Lot 147, which was less desirable than the other lots because: (a) it was under a power line; and (b) it was the lot located farthest away from the only road leading out of the subdivision. After Ella unsuccessfully tried to sell Lot 147 for two years, she asked the City to rezone it into the C-3 zone where commercial uses such as convenience stores were permitted, because the owner of the "Stop and Go" convenience store chain was willing to buy the lot for such a store. Most residents of North Ridge opposed the rezoning, but a few argued that it would be beneficial to have a store nearby. The City Council approved the rezoning in a resolution that noted that it would "benefit North Ridge residents by providing a nearby source of groceries, thus minimizing traffic and air pollution." Henry, a North Ridge homeowner, sued to invalidate the City's zoning decision.
Who will win the lawsuit? Why?
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