State Ex Rel. Brill v. Mortenson

The first question presented on the appeal is whether the zoning ordinance prohibits the use of petitioner’s building as a meat-distributing and processing plant, and thus in terms warrants denial of a certificate of use and occupancy for that purpose. We agree with the learned circuit judge that it does.

The pertinent provision of the ordinance, quoted in the statement of facts, provides that “if a nonconforming use of a building or premises is discontinued for a period of twelve *329months, any future use . . . shall conform; . . .” that is to say, in the present context, shall be exclusively…