D & R Pipeline Construction Co. v. Greene County

PREWITT, Presiding Judge.

Plaintiff brought this action in two counts. The first count sought damages based on inverse condemnation. It alleged that by failing to rezone plaintiff’s property defendant has taken it without compensation. Count II sought a declaratory judgment that the zoning classification for defendant’s property was unlawful and void. Plaintiff dismissed Count II and thereafter the trial court found that Count I failed to state a claim for which the relief sought could be granted, and entered judgment in favor of defendant.

Count I alleged that the defendant had refused to…