Board of Zoning Adjustment v. Mill Bakery & Eatery, Inc.

THIGPEN, Judge.

This is a zoning case.

The circuit court determined that the appellee, the Mill Bakery and Eatery, Inc. (The Mill), did not need a variance for on-premises retail liquor sales, given that this use had already been established by a previous variance. Furthermore, the trial court held that if a variance were needed, it should be granted based on The Mill’s reliance on the previous variance, and that to deny it would result in unnecessary hardship. The City of Huntsville (City) now brings this appeal.

The City contends that the trial court erred in holding that The Mill did not need…