Pruitt v. City of Seward

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

James Pruitt applied to the City of Seward for a permit to erect a new building in the city's industrial zone. Pruitt's building plan included a canopy over the building's front entrance. The city refused to grant permission to build the canopy, claiming that the canopy was an "attachment to a building" that would extend into the building setback mandated by Seward's zoning code. Pruitt did not appeal. After Pruitt erected his building, including the canopy, the city filed a superior court enforcement action and argued that Pruitt could not defend in…