Potter v. Bryan Funeral Home

Tom Glaze, Justice.

Appellants appeal the Lawrence County Chancery Court’s dismissal of their request to enjoin as a nuisance the appellee’s placement of a funeral home in appellant’s neighborhood. They argue the chancellor was clearly erroneous in finding that the funeral home was not a nuisance. Also, the appellants contend the chancellor erred in inspecting or viewing the proposed site and other property without first obtaining the consent of the parties.

The facts are largely undisputed. Appellee planned to convert a two-story house into a funeral home to be located on the southwest corner…