This section contains the nature of the case and procedural background.

A lot is divided between family zoning on one side and industrial zoning on the other. At the time of the hearing, the lots were being used for the open storage of lumber and had been used for that purpose since 1910. The zoning ordinance that became effective in 1926 and was amended in 1950 called for a phase out of nonconforming uses within six years from the date of the 1950 amendment a specific portion of the ordinance was directed at open storage that was to phase out. Six years later another amendment was added that stated: The use of land for open storage was prohibited. That ordinance was codified in 1956. The owners of the lot were notified in 1962 to cease using their lots for open storage. They applied for nonconforming use certificate. That was denied and appealed. The circuit court gave the parties a trial on the merits and ruled for the city.

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