Davis v. Deariso

Hawkins, Justice.

1. In the absence of valid zoning regulations or restrictive covenants to the contrary, the right to use one’s property for lawful business purposes is to be protected by the law just as much as is the right to use one’s property for residential purposes, both being lawful purposes and being rights inherent in the ownership of the property. This court has consistently held, although in most instances by a divided bench, that a filling station in a residence neighborhood and in close proximity to residences does not constitute a nuisance per se, and that the proper operation…