Appleton v. City of Trussville

HARWOOD, Justice.

Arthur I. Appleton and his wife Martha O. Appleton are the owners of the site of a limestone rock quarry. In March 1965, the Appletons sold to the Southern Rock Products Company, Inc., all limestone rock situated on the subject property for a consideration of a royalty per ton upon removal of the limestone.

Southern Rock Products Company, Inc., entered upon the site and began quarrying operations. Thereafter, Guy L. Self, as building inspector of the City of Trussville, denied to Southern Rock Products Company, Inc., a building and use permit on the ground that the operation…