A property owner applied for a permit to build a multi-family apartment complex on her property, which is located in an area zoned for single-family residential use. The city planning board denied her application, citing the local zoning ordinance. The property owner challenged the denial, arguing that the zoning ordinance is invalid because it limits her ability to develop the property profitably. What is the most likely legal outcome of her challenge?
The court may review the ordinance to determine whether proper public notice and hearings were conducted.
The court may uphold the zoning ordinance if it serves a legitimate public purpose and is not arbitrary or capricious.
The court may find the ordinance invalid if the property owner demonstrates that it restricts her ability to use her property.
The court may invalidate the ordinance if the property owner shows that her proposed apartment complex would create economic benefits for the community.
Courts generally uphold zoning ordinances if they serve a legitimate public purpose, such as promoting public welfare, and if they are not arbitrary or capricious. In this case, the zoning law likely reflects a rational basis tied to regulating land use and maintaining the area's character. Profitability concerns do not override the public purposes of zoning. Additionally, economic benefits proposed by alternative uses rarely succeed as a basis for invalidation. While procedural defects like improper notice or hearings can invalidate ordinances, such claims require solid evidence of specific irregularities.
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