Grayson v. City of Birmingham

Appellants filed their petition in the Circuit Court of Jefferson County, in equity, for a declaratory decree in determination of their rights to use twenty lots of their planned subdivision for commercial purposes that are nonconforming to a zoning ordinance of the City of Birmingham. As an incident to the relief sought, they also prayed for “a mandatory and restraining injunction” against respondent, requiring it to show commercial zoning of such lots upon its zoning and other records. From a decree denying relief, complainants appeal.

It appears, from the pleadings and evidence, that…