Franklin Planning & Zoning Commission v. Simpson County Lumber Co.

HILL, Judge.

This appeal concerns the propriety of a judgment interpreting the rights of these litigants under a planning and zoning ordinance of the City of Franklin.

Appellee Desford Potts for about seven years owned a six-acre tract of land within the corporate limits of Franklin. It lies between Railroad and Morris Streets. During this period, Potts maintained a livestock barn on the tract in which was stored lumber and other building materials. Outside, and mostly to the rear of the barn, brick was stored in stacks four or five feet high. In 1959 the City of Franklin passed a zoning…