Parker v. Ashford

I believe that the learned trial judge erred in permanently enjoining and restraining the landowner, William H. Parker, from any actions in furtherance of constructing and operating a dirt racing track or any similar facility on his property. I think the trial judge misapplied the provisions of Ala.Code 1975, § 6-5-125, relating to an anticipated nuisance.

I recognize that the decision to grant or to deny injunctive relief rests in the sound discretion of the trial court and that the trial *219court’s ruling mil not be set aside unless the court has abused that discretion. Acker v. Protective Life…