At the 2024 Annual Meeting last month, Restatement of the Law Fourth, Property, Tentative Draft No. 5 (TD No. 5) was approved by ALI membership, subject to the discussion at the meeting and usual editorial prerogative. The below black letter is excerpted from this draft, which contains § 6.2. Rezonings—Spot Zoning from Volume 7, Division I, Chapter 6. Flexibility Tools.
§6.2. Rezonings—Spot Zoning
(a) The rezoning of one lot or a small number of lots in a manner that differs from the surrounding area will not generally invalidate the rezoning.
(b) Generally, in order for the type of zoning described in subsection (a) to be found impermissible, it must meet one or more of the following criteria: it fails to promote community welfare, it is inconsistent with the comprehensive plan (if any) or surrounding zoning districts, it places an unfair burden on neighbors, or it provides an unfair benefit to the owner of property being rezoned.
The above text does not incorporate edits made subject to the discussion at the meeting and usual editorial prerogative.