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 court's ruling will not be set aside unless the court has abused that discretion. Acker v. Protective…