State v. Joyner

BALEY, Judge.

Defendant first assigns as error the failure of the court to grant his motion to quash the warrant on the ground that sec tion G(l) (a) of the ordinance upon which the warrant was based is unconstitutional. Defendant does not question the validity of the entire zoning ordinance, only section G(l) (a), which provides for the termination of certain nonconforming uses within three years after the effective date of the ordinance.

A motion to quash tests the sufficiency of the warrant to charge a criminal offense. The failure to charge a criminal offense may be a deficiency in the…