White's Excavation & Construction Co. v. Board of Zoning Adjustments

RICHARD L. HOLMES, Retired Appellate Judge.

This is an appeal from a motion for summary judgment granted in favor of the City of Daphne (City) and the Board of Zoning Adjustments of the City (Board).

White’s Excavation and Construction Company, Inc. (White), was doing business of a commercial nature in an area of the City which was zoned residential. White used these lots for storage, parking, and some maintenance of heavy equipment. It also operated its office on these premises. The record showed that White had been operating its business at this location since September 16, 1987.

On September…