Summe & Ratermann Co. v. City of Covington

CLAY, Commissioner.

This suit was brought by plaintiff appellant for a declaration of rights and to enjoin the City of Covington and its officers from enforcing a zoning ordinance. An adjoining property owner was permitted to file an “intervening complaint” alleging the condition of plaintiff’s premises constituted a nuisance.

The Chancellor (1) denied the injunction against the city asked by the plaintiff, (2) declared the condition of plaintiff’s premises constituted a nuisance, and (3) adjudged that plaintiff refrain from using its premises as “a parking place for its trucks”.

In 1927…