State Ex Rel. Peterson v. Burt

The sole issue presented on this appeal is as follows: Does sec. 28.05 (3) (f) 1, Madison General Ordinances, providing for relinquishment of nonconforming use if such use is discontinued for a continuous period of one year, eliminate the necessity of proving intent to abandon?

It is undisputed that the two residential buildings in question were vacant from at least September of 1966 to September of 1967.

Sec. 28.05 (3) (f) 1, Madison General Ordinances, provides :

“If the nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use which is…