noting futility of judicial review of city's denial of a variance where underlying ordinance is void on its face
How later courts described this case
- noting futility of judicial review of city's denial of a variance where underlying ordinance is void on its face
Written by the judges who cited it.
The opinion
SIMMS, Justice,
dissenting:
I dissent to that portion of the majority opinion which expands the power of the district court to allow consideration of the constitutionality of a zoning ordinance in a de novo appeal, when that issue could not be entertained by the Board of Adjustment.