Washington County v. Stearns

Washington County sued to enjoin defendant from continuing to remove sand from a pit upon a certain tract of his land. The land was in an area zoned under the Washington County Comprehensive Zoning Ordinance as “Suburban Besidential.” Defendant alleged in his answer that the zoning ordinance is vague and illegal as it purports to regulate his land, and that it was not validly adopted. His second defense is that the ordinance is arbitrary as it applies to his land and purports to prevent him from lawful use thereof.

The trial court’s findings were that defendant *368“has from on or about the summer…