• 6 minutes

Litigating Nonconforming Use


If you do your homework first you can avoid litigation altogether.

If you can’t avoid litigation always start with your local remedies first. Variances, director’s interpretation, zoning map amendments, text amendments and conditional use permits are all options if you are unable to prove up your nonconforming use. If you find yourself dealing with an enforcement order you can ask for a writ of review or file a declaratory judgment in trial court. Each step gets trickier which is all the more reason to takes the proper first steps.

Runtime: 5 minutes



Garrett H. Stephenson

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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