Koken v. Smith

The Court reaches a conclusion with which I concur. I agree that Mr. Koken’s right to build on his land has been unreasonably interfered with; however, I reach this conclusion via a path different from that taken by the majority. I would hold *278that the strictures of Ala.Code 1975, § 11-52-35, relied on by the authorities of the City of Huntsville to deny Koken a building permit, do not apply in this particular instance.

My reasoning in this matter rests upon the proposition that zoning laws and planning laws that restrict the use an owner may make of land must be strictly construed. In Smith v.…