Boles v. City of Chattanooga

OPINION

SUSANO, Judge.

This is a declaratory judgment action involving zoning issues. The Defendant City of Chattanooga appeals the Judgment of the trial court permitting the Plaintiffs to continue the “non-conforming” use of their property as the site of an “adult-oriented establishment.” The Chancellor, sitting without a jury, found that the failure of the Plaintiffs to operate an adult-oriented establishment on their property for a period of approximately 22 months (from November 10, 1987, to August 30,1989) did not constitute a discontinuance of a non-conforming use under the Chattanooga…