Hussein v. Village of Germantown Board of Zoning Appeals

¶ 1. The issue presented in this appeal is whether a conditional use permit (CUP) remains enforceable after a municipality amends its zoning code to remove from the zoning district at issue the conditional use that is the basis for the CUE We hold that a revision to a municipality's zoning code that causes a property to become a legal nonconforming use results in the CUP losing its enforceability and the property gaining the vested right to continue its historically allowed use.

*767FACTS

¶ 2. In 1973, Germantown Auto Sales applied for and received a CUP to operate a repair shop, service station,…