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<br />Page 6 <br /> <br />Z.B. <br /> <br />Ordinance - Property owner claims business license gives her right to <br />operate home business <br />Location of business was never specified in application <br />Citation: Squires v. City of Saraland, Court of Civil Appeals of Alabama, No. <br />2030874 (2005) <br /> <br />ALABAMA (11/23/05) - Squires lived within a residentiai district in the city of <br />Saraland. Under the city's zoning ordinance, she had to obtain a special excep- <br />tion from the city before she could operate certain home businesses, including <br />a daycare center. ' <br />Squires wanted to operate a daycare center in her home. Consequently, she <br />applied for a business license. Her application gave the name of the business, <br />the type of the business, and the principal business activity. However, there' <br />. was no entry in the field provided for identifying the business's location. The <br />sole address listed was the address of Squires' home. Squires eventually was <br />issued the license. ' <br />Squires began operating the daycare center in her home. After complaints <br />regarding traffic increase in the neighborhood, Squires was informed that she <br />could not operate her business without ~ special exception permit. <br />Squires applied for a special exception permit. After a heanng, the.city <br />denied her request. <br />Squires sued, and the court ruled in favor 'of the city. <br />Squires appealed, arguing that the business license entitled her to operate <br />the daycare business out of her house. <br />DECISION: Aftinned. <br />Squires 'was not entitled,to operate her business on the property. <br />The city's issuance of a business license to SquIres on the basis of the <br />representations in her application would not reasonably constitute a represen- <br />tation that a daycare business could be operated in her house. <br />All citizens of the city were deemed to know the provisions of the zoning <br />ordinance. As such, reliance upo~ a particular grant of municipal permission <br />was unreasonable to the extent that such permission' was interpreted by the <br />recipient as carte blanche to ignore other legal requirements that may exist. <br />Under the facts of the case, the business license issued to Squires connoted, at <br />most, general permission to operate a business within the geographic boundaries <br />of the city, not specific permission to operate a business at a particular location. <br />Ultimately, the mere issuance of a daycare business license by the city was <br />an insufficient express or implied representation concerning the propriety of <br />operating a business within the residential district without a special exception. <br />see also: City of Foley v. McLeod, 709 So.2d 471 (1997). <br />see also: Even v. City of Parker, 597 N. W2d 670 (1999). <br /> <br />@ 2006 West, a Thomson business. Quinlan™ is a Thomson West brand. Any reproduction is prohibited. <br /> <br />40 <br />