Appellants sued the city. The parties allowed National to intervene, then brought cross- motions for summary judgment. The district court granted summary judgment for respondents. 5, that the consent of any one owner of jointly- owned property constitutes consent of the owners. On appeal from a summary judgment, we must examine the record to determine whether any genuine issues of material fact exist and whether the district court erred in applying the law.
Statutory interpretation is a question of law subject to de novo review.
In a zoning case, we must independently examine the zoning agency's decision without according any deference to the district court's review of that decision. St. Croix Dev. Generally, because zoning is a legislative act, a rezoning ordinance must be upheld unless the new zoning classification is unsupported by any rational basis or amounts to a taking without compensation. But there is no such presumption of validity of an ordinance as against the objection that no power existed under charter or statute to enact it. Accordingly, the deferential standard of review generally accorded to a city's zoning ordinances does not apply in this case.