Morgan County v. Stephens

TUCKETT, Justice:

Morgan County commenced these proceedings in the district court seeking in-junctive relief to restrain the defendant from selling tracts of land which the County claims is in violation of a zoning ordinance. The district court handed down a decision in favor of the County, and the defendant appeals to this court.

In 1969, the defendant purchased 940 acres of land in Fry Hollow for the grazing of his beef cattle. The defendant also acquired 2,000 acres in Deep Creek in 1970. During the year 1971, the defendant began selling lots from these tracts, and at the beginning the lots…