Mareno v. Board of Adjustment of City of Mobile

This is an appeal from the granting of a motion for involuntary dismissal.

The Marenos applied to the Board of Adjustment for authority to use their residence as a law office. The residence, on Dauphin Street in the city of Mobile, is zoned R-3, multi-family dwellings, and the petitioners wish to use it as B-1 property, buffer business district. The latter is usually an office type area located between residential and business areas.

The Board of Adjustment denied the use variance, and petitioners appealed to the circuit court for a trial de novo. On trial in the circuit court, after…