McCoy v. City of Knoxville

The plaintiffs, John C. McCoy, Jr., and Nelda C. McCoy, filed suit for a declaratory judgment on an agreed statement of facts, seeking a determination that certain property under the zoning ordinance of the defendant, City of Knoxville, can he used for filling station purposes as a lawful pre-existing nonconforming use. The Trial Court held that there was a non-use or cessation of use for filling station purposes for more than two years, and that this constituted a discontinuance of the pre-existing nonconforming use, thus placing the property and proposed use in the “A” Residence District…