ZONING BD. OF ADJ. OF BIRMINGHAM v. Davis

This is a zoning case.

Our review of the record reveals the following pertinent facts: The property at issue in this appeal is a 2500-square-foot building located on 8th Avenue West (U.S. Highway 78), immediately across from Legion Field, a football stadium and public park in the city of Birmingham.

From 1969 until December 1992, the owner of the property operated a lounge on the premises. During this interval of time, the zoning classification of the property was "B-2" (general business district). A lounge was considered a permitted use under this zoning classification.

In December 1992 the…