Evans v. Just Open Government

The majority holds that (a) state owned governmental property is not subject to local zoning ordinances (Division 1), (b) the expenditure of state funds to construct these prisons in Henry County does not violate the appropriations Act (Division 2), (c) a prison is not a nuisance per se (although its operation might make it so) *843and hence its construction will not be enjoined (Division 4), (d) a property owner whose property is not condemned (i.e., taken) cannot enjoin the construction of a public work (Division 5) and cannot recover damages for the loss in value of his property caused by the…