Parker v. Ashford

The defendant appeals from an order granting a permanent injunction against an anticipated nuisance, pursuant to Ala. Code 1975, § 6-5-125. That order "permanently enjoined and restrained [William H.] Parker from any acts or actions in furtherance of constructing and operating a dirt racing track or any similar facility at the existing excavated location . . . on the parcel of land [made the] subject of this action." We affirm, although not on the rationale stated by the trial court.

William H. Parker had resided on a 15-acre tract of land for more than 20 years. On January 4, 1994, he…