Ryan v. City of Bay Minette

I agree that the trial judge erred in treating this case as a zoning case instead of a declaratory judgment action questioning the power of the City to issue a building permit that arguably violates one of the City's own ordinances.

The basic legal issue presented is not unlike the issue presented in City of Montgomery v. Robbins, 277 Ala. 29,166 So.2d 869 (1964), wherein this Court affirmed a judgment of the Circuit Court of Montgomery County permanently enjoining the City of Montgomery from refusing to issue permits for construction of dwellings in the City of Montgomery pursuant to plans…