Multistate Bar Examination Practice Question

A property developer owns a parcel of land that is currently zoned for single-family residential use. The developer petitions the local government to rezone the parcel to allow for multi-unit residential use, arguing that the area has experienced increased demand for affordable housing. Nearby homeowners organize and oppose the petition, citing concerns about traffic and overcrowding in schools, but the town council approves the rezoning. One of the homeowners files a lawsuit to invalidate the rezoning decision. The lawsuit argues that the rezoning was invalid because it benefits the developer more than the community at large. How is a court most likely to rule?

  • The court will uphold the rezoning decision because it serves a valid public purpose, such as addressing the housing needs of the community.

  • The court will uphold the rezoning decision because once passed by the local council, it cannot be challenged in court.

  • The court will overturn the rezoning decision because there was strong opposition from nearby homeowners.

  • The court will overturn the rezoning decision because it disproportionately benefits the developer rather than the community.

Multistate Bar Examination
Real Property
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