Ralston Purina Co. v. Acrey

Quillian, Justice.

The defendant makes two contentions regarding his grounds of general demurrer. First, it is argued that the petition failed to allege when the construction of the plant was begun. Hence, construing the pleadings most strongly against the pleader, it would appear that the construction began prior to the enactment of the ordinance and would qualify as a protected nonconforming use.

The general rule is that a petition need not by anticipation negative possible defenses on the part of the defendant. Wright v. Conner, 200 Ga. 413, 415 (37 SE2d 353). Here the petition alleges that…