Doug Dillard Owns a House That He Presently Rents Out

Essay

Doug Dillard owns a house that he presently rents out to a family.Dillard would like to convert the house into commercial space (for a store or offices),because the rent he could charge for the property as commercial space would exceed what he is realistically able to charge for the house as a dwelling.The house is located,however,in an area zoned by the city for residential uses only.This means that Dillard cannot convert the house to commercial space unless the city grants him a zoning variance,something the city has refused to do.Dillard has therefore sued the city on the theory that the zoning ordinance and the refusal to grant a variance amount to a taking of his property and entitle him to just compensation under the Fifth Amendment.Will Dillard win his case? Why or why not?