Jefferson County v. City of Birmingham

BROWN, Justice.

This is an appeal -from a final decree of the circuit court in equity denying the contentions of Jefferson County, a body corporate, that it had a right to construct a 40 million gallon per day activated sludge *438type sewage treatment plant within a B Residence District established by a comprehensive zoning ordinance adopted prior to 1944 and embodied in the Code of the City of Birmingham adopted and promulgated in 1944 of which the courts take judicial notice.

Section 1602 of the General City Code provides:

“■In a ‘B’ residence district, land may be used and buildings or…