Schubach v. Silver

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that spot zoning does not occur where there exists a need in a particular community for a facility
• stating that one who challenges the validity of the zoning ordinance has a heavy burden of establishing its invalidity
• stating that \for the doctrine of collateral estoppel to apply it must appear that the fact or facts at issue in both instances were identical; that these facts were essential to the first judgment and were actually litigated in the first cause.\
• stating that “for the doctrine of collateral estoppel to apply it must appear that the fact or facts at issue in both instances were identical; that these facts were essential to the first judgment and were actually litigated in the first cause.”
• finding no spot zoning when surrounding area was in transition and had mixed uses, and property ill-suited for residential use
• noting that property was situated near two heavily traveled arteries

Source: CourtListener parenthetical corpus (CC0).