N. G. Heimos Greenhouse, Inc. v. City of Sunset Hills

GUNN, Presiding Judge.

N. G. Heimos Greenhouse, Inc. and its owners filed suit for declaratory judgment against the City of Sunset Hills seeking to declare their use of property as a legitimate nonconforming use. They further sought to enjoin the City from prosecuting them for alleged zoning and building code violations. The City counterclaimed seeking equitable relief to enjoin the plaintiffs from conducting certain operations alleged to be an illegal expansion of a nonconforming use and for the removal of offending structures. The trial court found plaintiffs’ operations to be a proper…