(dissenting).
I respectfully dissent.
Judge Havercamp’s trial court opinion reaches the real issue here:
“Ordinance Number 30,600 creates a C-l Neighborhood Shopping Center District island completely surrounded by R-5 Single-Family Dwelling District. Additionally, the Ordinance in rezoning this tract, segregates a portion of undeveloped R-5 land from other undeveloped R-5 land. The property rezoned by this Ordinance is similar in character, adaptability and use to such surrounding undeveloped property, and in fact, to the surrounding developed property of similar R-5 classification. Nothing is shown by the evidence which lead to the conclusion that the rezoned tract is somehow distinguishable from the undeveloped R-5 area adjecent thereto, upon which restrictions are still maintained. It is necessary to be able to draw such conclusion from the evidence in order to justify any reasonable belief that the circumstances considered by the Council created a fairly debatable issue and the City acted in other than an arbitrary and capricious manner in enacting the Ordinance. It is obvious that the traffic is as heavy past the rezoned property as past the undeveloped R-5 adjacent property left unchanged. It is equally obvious that such undeveloped R-5 land is as vulnerable to all the other variables considered by the City in passing the Ordinance.
“When one parcel or tract is singled out in an amendatory ordinance removing therefrom restrictions imposed upon the remaining portions of the same zoning district, there must be substantial and reasonable grounds for such discrimination. It is of primary importance whether this tract of land has a peculiar adaptability or is merely carved out of a similar tract or area equally suited to the requested reclassification. See Keppy v. Ehlers, Supra, 253 Iowa 1021, 115 N.W.2d 198.
“The Court holds that the rezoning of this tract, irrespective of the fact that land adjacent thereto is likewise situated, constitutes an illegal spot zoning.”
There is little more to be said. Had the other land similarly situated been rezoned at the same time, I believe the action would have been legal. Absent such action this is clearly a case of discriminatory spot zoning. The trial court’s judgment should be sustained.