Zoning Board of Adjustment of Lubbock v. Graham & Associates, Inc.

COUNTISS, Justice.

This is a controversy over the validity of a building permit issued by a City of Lubbock building inspector, revoked by Lubbock’s Zoning Board of Adjustment and reinstated by the trial court. We reverse and render in part and affirm in part.

On December 30,1980, a building housing a nightclub in Lubbock was partially destroyed by fire. Because of zoning changes enacted after the club opened, it was operating as a legal non-conforming use at the time of the fire. Under the Lubbock zoning ordinance, as quoted in the parties’ briefs, a non-conforming use can continue, after…