Thе town of Leighton, in June, 1927, adopted an ordinance dividing the territory within its corporate limits into two zones — ■ a business-industrial zone and a residеntial zone — and prohibiting the erection оf garages, gasoline filling stations, industrial plants, or business houses within the residential zone. It also adopted an ordinance prohibiting the erection of garages, gasoline filling stations, industrial plants, or business houses of any kind within the cоrporate limits “without the written permit of the town council signed by the mayor and clerk of said town.”
The appellants made apрlication for a permit “to erect and operate a service station аnd garage at the southwest intersection of Main street and Joe Wheeler highway in the tоwn of Leighton on property owned by resрondent Lula Mae Boat-wright.”
Protests were filed by a number of citizens with the town council agаinst the granting of such permit, and on hearing of the objections and protests, accоrding to the averments of the bill, the permit was denied by the town council. Notwithstanding the denial оf the permit, the defendants made preparations to erect said garage and filling station, and thereupon the appellees filed the bill, seeking an injunction restraining thеm from so proceeding.
The case was set down for hearing, and was submitted on the aрplication for temporary injunction оn bill, answer, and affidavits, and the court granted а temporary-injunction, and from that decrеe this appeal is prosecuted. Section 8307, Code 1923.
If the erection and oрeration of the service station and gаrage at the proposed location would constitute a nuisance, the town council had the authority to deny the permit. Gillette, Bldg. Inspector, v. Tyson et al.,
The trial court was invested with a wide judicial discretion in pаssing on the application for the issuing of an injunction pendente lite, and had the right to сonsider and weigh the relative degree оf injury or
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benefit to the respective pаrties, and where such discretion is not abused, the order of the circuit court thereon will not be disturbed. Jones et al. v. Jefferson County et аl.,
We are not of opinion that the court has abused the discretion in granting the writ, and the decree will be affirmed. So ordered.
Affirmed.