PH, LLC v. City of Conway (Certainty in Development Approvals)

Court

Supreme Court of Arkansas

NAHB Involvement

Amicus

A developer asserted that the City of Conway improperly denied his request to rezone a four-acre area from agriculture to residential use. The developer has argued that because the residential use of the land is compatible with surrounding properties, the rezoning should have been approved under state law. The case centers upon whether these facts result in "reverse spot zoning" by the city.

The trial court refused to review the city's decision de novo, and ruled for the city. The developer appealed this decision to the Arkansas Supreme Court and NAHB provided an amicus brief to argue that the city's actions were arbitrary and resulted in reverse spot zoning.

On Oct. 22, 2009, the Supreme Court of Arkansas ruled against the developer. The court held that a de novo review was not required, the city's decision was not arbitrary and capricious, and the denial of rezoning did not result in reverse spot zoning.