Takao v. ZONING BD. OF ADJUSTMENT OF CITY OF BIRMINGHAM

John Takao appeals from a summary judgment in a zoning case. We reverse and remand.

At some time before July 24, 1991, the Birmingham director of urban planning determined that a four-unit apartment building located in the City of Birmingham had lost its nonconforming status. Takao, the owner of the building, appealed that decision to the City's Zoning Board of Adjustment on July 24, 1991. The Zoning Board held a public hearing, which resulted in the Zoning Board's overturning the director's decision. The Zoning Board's records reflect a resolution adopted at its meeting on September 12, 1991,…