Dwight G. Nelson v. City of Selma

The plaintiff, Dwight G. Nelson, filed this action claiming that he was denied due process and equal protection of the laws when the Selma City Council denied his application to rezone his property to permit additional development. He appeals from the district court’s judgment for the defendant after a bench trial. The principal issue before us is whether the district court erred in holding that the city council’s action was rationally related to promotion of public health, safety or welfare. Nelson argues that the district court should have found that the city council acted arbitrarily when it rejected his application for rezoning in apparent response to the concerns voiced by residents of the area that development of the requested density would adversely affect the environment of the neighborhood. We affirm.

In 1979, plaintiff’s predecessor in interest, Larry J. Raven, owned 52 acres of land located in Fresno County immediately adjacent to Selma (the “Raven property”). The Raven property was planned and zoned for agriculture. In March, 1979 Raven sought and obtained a general plan amendment in which 13 acres of the Raven property was planned to be rezoned as R-3, high-density…