City of Flovilla v. McElheney

Nichols, Justice.

This is a direct appeal by the city from the trial court’s order declaring the city’s zoning ordinance invalid. This court affirms.

When appellee placed his mobile home on a lot zoned residential, the city brought suit seeking an injunction. The trial court, however, ruled that the city’s 1977 zoning ordinance was invalid because it contained many erroneous references to Butts County and to Butts County officials. The city ordinance had been prepared using the Butts County ordinance as a model and these references had been mistakenly left in the ordinance as adopted by the…