City of Winston-Salem v. Hoots Concrete Co.

BROCK, Chief Judge.

This action was instituted 12 November 1976 to permanently enjoin defendant from conducting a concrete mixing business on the property located at 4520 Indiana Avenue, Winston-Salem. The property in question is zoned 1-2 (Limited Industrial District).

The case was heard in the trial court on plaintiffs motion for summary judgment.

By his affidavit, defendant asserts that in 1970 he applied for and was issued a “building” permit for a building on the premises; that he advised a zoning officer of the nature of the business he proposed to conduct and advised that the construction…