Heath Township v. Sall

We granted leave to determine *436whether defendants established a prior nonconforming use of their property as a mobile home park before passage of a referendum rejecting defendants’ rezoning proposal. The Court of Appeals answered affirmatively. We hold that defendants failed to prove the requisite tangible change in the property to establish a prior nonconforming use.

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In 1985, defendants Gerald and Joyce Sail purchased approximately 16 acres of land in Heath Township with the intention of building a mobile home park on the property.1 On the purchase date, the land was zoned R-2 (single-family…