Spinner v. The City of placeCityDallasStateGa.

The trial court had in personam jurisdiction to enter a judgment enjoining the defendant from conducting or allowing any scrap metal storage and processing activities on his property in violation of the property's conditional zoning, ordering the defendant to clean up the property and imposing a $300 per day fine for noncompliance.

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In this action to enforce a zoning ordinance, the Paulding County Superior Court enjoined Edwin Spinner, the owner of certain property in the city of placeCityDallasfrom conducting or allowing any scrap metal storage and processing activities on the property which violate the property’s conditional zoning. The trial court also ordered Spinner to clean up the property, and ruled that a fine of $300 per day would be imposed for Spinner’s noncompliance. Spinner appeals, contending that the trial court lacked jurisdiction to issue the injunction against him and that the trial court exceeded its authority in imposing the fine. For the reasons that follow, we affirm. In December 2005, at Spinner’s request, the Dallas City Council conditionally rezoned the subject property to heavy industrial so as to permit Spinner’s tenant to operate a small metal processing facility. The rezoning limited the metal processing on the property to reductions, forbade smelting on the property, required that all operations be conducted inside the building during certain prescribed business hours, required erection of a security fence on the property, and mandated that any outside storage be removed within 14 days.

After the conditional zoning ordinance was approved, Spinner’s tenant began operating a large volume scrap metal processing business on the property. The City received several complaints from neighboring property owners and tenants regarding the operations. Later inspections of the property by a city official revealed that scrap appliances, inoperable vehicles, and auto parts were being continuously stored on the property and that the required fence had not been installed. The City determined that the operations and storage of scrap metal on the property violated the conditions of the zoning ordinance and filed the instant action. Following a bench trial, the trial court ruled in favor of the City and granted the injunctive relief sought. This appeal followed.

Spinner v. The City of placeCityDallasStateGa.

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