Bd. of Zoning Adjustment v. Britt

The Board of Zoning Adjustment for the City of Dothan, Alabama (the Board) appeals from a judgment of the Circuit Court of Houston County granting Richard Britt a variance from the city zoning ordinance. The subject property had been zoned residential. The trial court, contrary to a prior ruling of the Board, granted a restricted variance to allow the operation of a direct mail fund-raising business.

The dispositive issue is whether the granting of the variance is so against the weight of the evidence as to be plainly and palpably erroneous.

When the evidence is heard by the trial court ore…