Lawless v. Smith

This is a zoning case.

The Board of Adjustment of the City of Tuscaloosa (Board) granted defendant Hamner a variance for the construction of a billboard on her property. Plaintiff, an adjacent landowner, appealed the Board's decision to the Circuit Court of Tuscaloosa County for a trial de novo, as provided by Ala. Code (1975), § 11-52-81.

After an ore tenus trial, the circuit court reversed the Board's action, finding that defendant was not entitled to a variance. The court ordered defendant to dismantle the sign immediately. It further found that the defendant was in contempt of a temporary…