Ferraro v. BD. OF ZONING ADJUSTMENT OF CITY OF BIRMINGHAM

Peter Ferraro and Cindy Ferraro appealed to the Jefferson Circuit Court a determination made by the Board of Zoning Adjustment of the City of Birmingham ("the Board of Zoning") that their next-door neighbor, Bobby Webster, was entitled to a variance for his property under Birmingham's zoning ordinance ("the zoning ordinance"). The circuit court held a trial de novo and also granted the variance. The Ferraros timely appealed to our supreme court, which transferred this case to this court on the basis that this court had appellate jurisdiction.

Facts and Procedural Background

Webster bought the…