Nonconforming use is established if it is lawfully established before the zoning makes it illegal.
One of the most important steps is to determine the date of establishment. There is usually a "bright line" that is the date of ordinance adoption. Good faith reliance on government action is not favored. Illegally issued permits must be cured and more than a permit is required; the use must be actually established.
Garrett H. Stephenson
Schwabe, Williamson & Wyatt
- Of Counsel with Schwabe, Williamson & Wyatt
- Member of the real estate and land use practice groups
- Has significant experience in negotiations with local governments related to permit exactions, required public improvements, and eminent domain
- Represents private and public clients in a variety of land use and municipal law matters, including complex land use entitlements, regulatory due diligence, and local and state-level appeals
- Past city planner and land use planning consultant
- J.D. degree, cum laude, Lewis and Clark Law School; B.A. degree, magna cum laude, Willamette University
- Can be contacted at 503-796-2893 or [email protected]
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