Williams v. Kuehnert

Paul Ward, Justice.

This litigation involves Pottle Rock’s zoning law as it relates to a nonconforming-usage.

H. W. Roper (appellee) owns a parcel of land at 8704 Oman Road on which he has for many years operated a kindergarten. This property, together with other nearby residential property, was annexed to the City and zoned “A” — one family residence. Roper’s property was accepted as a nonconforming usage.

Later, on September 19, 1966, Roper filed an application with the Board of Adjustment asking for permission to make certain additions to the building in order to better accommodate the…