Linville v. Shelby County Plan Commission

Appeal from a judgment of the Shelby Circuit Court granting a permanent injunction enjoining and prohibiting the defendant (appellant) from operating, keeping or maintaining an existing automobile wrecking yard and/ or junk yard on his premises and ordering the abatement, abandonment and removal of the same.

The defendant had made use of his property for both farming and in the manner enjoined since prior to the enactment of the applicable zoning ordinance. The enjoined use is a non-conforming use under the ordinance. By his answer to the complaint, the defendant denied that his use was in…