For seven years, Desford Potts had owned a six-acre tract of land within the corporate limits of

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For seven years, Desford Potts had owned a six-acre tract of land within the corporate limits of the city of Franklin. The tract contained a livestock barn in which Potts stored lumber and other building materials. Bricks were also stored in stacks four or five feet high outside and behind the barn. Franklin passed a zoning ordinance by virtue of which Potts’s lot was classified as residential property. Soon afterward, Potts moved some saw logs onto his back lot, and the city complained that Potts’s use of his property for storage of building materials was a ‘‘nonconforming use.’’ Potts then brought an action to enjoin interference by the city of Franklin. Explain whether Potts will prevail.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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