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Resolution No. /Dy9 . <br /> Page 55 <br /> • <br /> 6. The legal opinions of Bruce D, Malkerson, Attorney for the <br /> �ity and member of the firm of Popham, Haik, Schnobrich, Kaufman � <br /> & Doty, Ltd, are based upon general legal. principles and the <br /> current status of legislation and case law. Legal opinions are . <br /> not policy re�o�rnnendations . Legal opinions are generally applicable <br /> to all zoning and l.and use matters and are not specific opinions <br /> . made to the �ouncit or staff in relation to the Stubbs Bay matter. <br /> General legal interpretations and requirements for the Council to <br /> consider in all land use matters include the following: <br /> a) ?oning code performance standards should be designed to <br /> implement the goals of the Comprehensive Plan of the City. <br /> b) tiomprehensive planning and zoning are for the purpose of <br /> promoting the most general public benefit and may not <br /> necessarily protect or promote the private benefit of every <br /> individual property owner. � <br /> • c) When a City zones or rezones property it acts in a <br /> legislative capacity under its delegated police powers . <br /> As a legislative act, a �rezoning classification must be • <br /> upheld by the �ourts unless the landowner proves that the <br /> classification is unsupported by any rational basis related <br /> to promoting the public health, safety, morals or general <br /> welfare, or the rezoning amounts to a -"taking'' without <br /> compensation. - <br /> dl Even where the reasonableness of a rezoning is debatable, <br /> or where there are conflicting opinions as to the desirability _ <br /> of the restrictions it imposes, it is not the function of the <br /> �ourt to interfere with the legislative decision. The record <br /> of the proceedings should show that all sides of an issue <br /> have been �considered and that the decision is supported tio <br /> some extent by facts or opinions in the record, <br /> e) To establish an unconstitutional "taking" ot the property, <br /> the landowner must demonstrate that he has been deprived <br /> through governmental action or inaction of all reasonable <br /> uses of the land. Mere diminution in value in market value <br /> is not such a demonstration, when a reasonable •use of land <br /> • is permitted after the rezoning. <br />