Township of Commerce v. Rayberg

Plaintiff filed this action to restrain defendants from maintaining and operating a junk and wrecking yard and motor vehicle sales yard on their land on the basis of violation of the zoning ordinance which zones all of defendants’ land residential or agricultural. Defendants contended the ordinance did not apply to their land because it was used as it is presently used prior to the adoption of the ordinance involved. Plaintiff admitted a small part of defendants’ property was used as it is used prior to the ordinance. The trial court found that defendants were entitled to a nonconforming use…