PER CURIAM.
At issue in this case is whether the court of appeal erred in finding the Shreveport City Council acted arbitrarily and capriciously in denying a special exception use for a proposed liquor store. For the reasons that follow, we conclude the Council's decision was not arbitrary and capricious, and therefore reverse the judgment of the court of appeal.
Roland Toups, individually and on behalf of Thrifty Liquor Store, filed an application with the Shreveport Metropolitan Planning Commission ("MPC") seeking to change the zoning on a parcel of property on Bert Kouns Industrial Loop from R-A (residence/agriculture districts) to B-3 (community business districts), so he could build a liquor store at the site.
Additionally, Mr. Toups filed an application with the Zoning Board of Appeals ("ZBA") to allow a special exception use for the sale of high alcoholic content beverages. The application specifically requested a special exception use for packaged liquor, wine, and beer. The ZBA unanimously approved the application.
Thereafter, the pastor of Calvary Baptist Church, which is located approximately 1500 feet from the proposed liquor store site, appealed the MPC and ZBA decisions to the Shreveport City Council ("Council").
Mr. Toups filed a petition in the district court for review of the Council's action reversing the MPC and ZBA decisions.
After a trial and de novo review, the district court affirmed the Council's decision denying the special exception use.
Mr. Toups appealed the district court's judgment affirming the Council's decision to overturn the ZBA decision and deny the special exception use permit. On original hearing, the court of appeal affirmed the district court's judgment. Subsequently, the court of appeal, in a divided opinion, granted rehearing and held the "Shreveport City Council acted arbitrarily and capriciously in denying the special exception use, and the trial court's subsequent determination affirming that decision was in error." Toups v. City of Shreveport, 44,933 (La.App. 2 Cir. 2/10/10), 37 So.3d 406 (on rehearing).
Upon the City's application, we granted certiorari to determine the correctness of the court of appeal's judgment. Toups v. City of Shreveport, 10-1559 (La.11/5/10), 50 So.3d 822. The sole issue presented for our consideration is whether the court of appeal erred in finding the Council acted arbitrarily and capriciously in denying plaintiff's special exception use.
Because zoning falls under the jurisdiction of the legislature, courts will not interfere with their prerogative unless the action is palpably erroneous and without any substantial relation to the public health, safety, or general welfare. King v. Caddo Parish Commission, 97-1873 (La.10/20/98), 719 So.2d 410. The terms "arbitrary and capricious" mean willful and unreasoning action, absent consideration and in disregard of the facts and circumstances of the case. However, when there is room for two opinions, an action is not arbitrary or capricious when exercised honestly and upon due consideration, even though it may be believed an erroneous conclusion has been reached. Four States Realty Co., Inc. v. City of Baton Rouge, 309 So.2d 659, 664 (La.1974).
A challenge to a zoning decision in Louisiana is a de novo proceeding on the issue of whether the result of the legislation is arbitrary and capricious, and therefore a taking of property without due process of law. Palermo Land Co., Inc. v. Planning Com'n of Calcasieu Parish, 561 So.2d 482, 492 (La.1990). Whether an ordinance bears the requisite relationship to the health, safety, and welfare of the public is a factual question which must be determined from the evidence in the record. The property owner has the burden to establish by a preponderance of the evidence that the decision by the governmental body to deny the variance has no substantial relationship to public health, safety, morals, or general welfare of the municipality. Id. at 493.
In the instant case, the court of appeal found the Council acted arbitrarily and capriciously in denying the special exception use, because its decision was not supported by objective facts. Specifically, the court found Mr. Toups supported his position with "rational and objective facts," while the opponents merely submitted unsubstantiated opinions regarding increases of traffic and crime which might occur if the special exception use was granted.
We find the court of appeal's reasoning would impose a requirement on governmental bodies which departs from our established jurisprudence. In contrast to the court of appeal's conclusion, our jurisprudence has long recognized "expressions of opinion made by citizens to a legislative body serve as a manner by which the legislative body learns the will of the people and determines what benefits the public good." King, 97-1873 at pp. 16, 719 So.2d at 419 (quoting Four States Realty Co., 309 So.2d at 666).
The approach taken by the court of appeal would necessarily require courts to inquire into the motivations and wisdom of legislative determinations by concluding only those opinions supported by "rational and objective facts" are worthy of acceptance by the legislator. Such a conclusion has been soundly rejected by our decisions. More than eighty years ago, in State v. Hill, 168 La. 761, 765, 123 So. 317, 318 (1929), we stated:
This fundamental principle has been espoused repeatedly during the review of zoning decisions. "The courts may not assume powers and functions which the law has lodged in other agencies of government relative to the adoption and administration of the zoning laws; in other words, a court may not constitute itself as a zoning commission, or `super-zoning' commission, or zoning board." Meyers v. City of Baton Rouge, 185 So.2d 278, 282 (La.App. 1 Cir.1966) (quoting McQuillin, Law of Municipal Corporations, § 25.278). Courts have recognized it "is not within the province of the appellate court to second guess a zoning decision that appears to have been based on appropriate and well-founded concerns for the public." TSC, Inc. v. Bossier Parish Police Jury, 38,717 (La. App. 2 Cir. 7/14/04), 878 So.2d 880.
We recognize the evidence in the record establishes that three other stores in this same area have special exception uses to sell alcohol. However, these businesses currently have the ability to sell only beer and wine, whereas Mr. Toups' store would also sell liquors such as bourbon, vodka, and rum. Furthermore, unlike the other stores, the main commodity sold at Mr. Toups' proposed store is alcohol. Additionally, Mr. Toups' proposed store would have a "drive-thru" window, where drinks such as frozen daiquiris sealed only by tape could be purchased by a driver who then reenters traffic. The Council could logically assume that these factors, combined with the presence of novice drivers from Calvary Baptist Academy, could increase the likelihood of traffic accidents in the immediate area. Under these circumstances, we cannot say the Council's decision to deny the special exception use was an arbitrary and capricious decision.
The court of appeal also determined the Council violated La. R.S. 26:493, which provides:
In City of De Ridder v. Mangano, 186 La. 129, 134, 171 So. 826, 827 (1936), we reviewed the legislative history of La. R.S. 26:493, and concluded the intent of the legislature was to prevent municipalities from enacting such stringent regulations as to amount to a local prohibition:
In summary, we find the Council's decision to deny Mr. Toups' request for a special exception use was based on appropriate and well-founded concerns for the public safety, and is not arbitrary or capricious. The court of appeal erred in holding otherwise. Accordingly, the judgment of the court of appeal must be reversed, and the judgment of the district court reinstated.
For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated.