Free US Law Dictionary

Board?s Determination that Realignment of Nonconforming Use Would Not Change Nonconforming Status Upheld
The zoning board of appeals determined that a proposed realignment of a pre-existing nonconforming dock/marina in accordance with conditions set forth in a wetlands permit issued by the legislative body does not constitute a change that would alter the nonconforming use status currently enjoyed...

Surf School Housed in a Nonconforming Hotel is Not Entitled to Nonconforming Use Status
Respondent, Hans Hedemann Surf School (Surf School), is a commercial surfing school located on the ground floor (Shop #7) of the New Otani Kaimana Beach Hotel (Hotel)...

Eliminating Landfills in Zoning District Valid Exercise of Police Power, Existing Nonconforming Uses May Be Eliminated and Nonconforming Landfill May Not Be Expanded
In protracted litigation over a Town local law enacted in 2005 ?to eliminate the operation of sanitary landfills/demolition landfills in the [Town?s AR-1] zoning district? which provided for the elimination of the uses subject to a special use permit but which allowed the continuation without expansion of any landfill operating under a permit from the [...

Nonconforming Uses and "Grandfathering" of Land Uses
I promised back in this post to digest the Hawaii Supreme Court's opinion in Colony Surf, Ltd. v. Director of the Dep't of Planning and Permitting, No 26037 (Dec...

Court Finds Nonconforming Use Was Abandoned
The petitioner appealed a determination of the zoning board concluding that the rental of her basement to tenants, in her single-family home, is an illegal use of the property...

HAWSCT On Nonconforming Uses: You Can't Change What You Didn't Establish
What do you call an appeal in which the Supreme Court doesn't address any of your five questions presented? If you are the petitioner's attorneys in Save Diamond Head Waters LLC v...