Fillmore City v. Reeve

CROCKETT, Justice:

Fillmore City brought this action to abate and enjoin an alleged nuisance created by the defendants in keeping pigs and cattle and horses on premises at the edge of and partly within its city limits where the zoning was only for residential use. Defendants denied the charge of nuisance and affirmatively alleged a right to keep livestock on the premises because of a prior established non-conforming use, which was expressly exempted by the zoning ordinance. 1

On November 11,1974, at a hearing on an order to show cause why a preliminary injunction should not be issued, the…