Bd. of Adj. of City of Mobile v. Pierce

BRADLEY, Presiding Judge.

Appellees applied for and were denied a use variance by the Board of Adjustment of the City of Mobile (the Board). Pursuant to section 11-52-81, Code 1975, appel-lees appealed to the Circuit Court of Mobile County and were granted the variance. The Board appeals the jury’s issuance of the variance.

The Board contends that no evidence was presented establishing the existence of any special conditions that would warrant any less than a literal enforcement of the applicable zoning ordinance. Thus, the Board maintains that the trial court erred when it submitted the…