City of Trussville v. Simmons

RICHARD L. HOLMES, Retired Appellate Judge.

This is a zoning case.

Our review of the record reveals the following pertinent facts: Horace Simmons owns two adjacent businesses, Velma’s Place and Kwik Oil Change, within the city limits of Trussville, Alabama. This property is located at the intersection of Mary Taylor Road and Highway 11 and is assigned a commercial zoning classification.

In April 1987 Simmons executed a contract with Patrick Media Group, Inc. (Patrick Media), a company which erects and maintains billboards. Under the terms of this contract, Patrick Media agreed to pay $700 per…