Arsenault v. Keene

The plaintiffs’ justification for maintaining a four-apartment building in a general residence district, which is limited to two apartments, is that this use of their property is a nonconforming use which was legalized by the literal terms of the zoning ordinance of the city of Keene when it was amended and re-enacted subsequent to 1949. The plaintiffs’ contention is stated in their brief in the following language: "... it was the intent of the City of Keene each time it amended and reenacted its Zoning Ordinance to forgive all past violations and everyone started with a clean slate when a…