Kensmoe v. City of Missoula

Appeal by the City of Missoula from a judgment in favor of plaintiff granting her a vested right of nonconforming continuous use for a trailer home on her property under the existing city zoning ordinance.

The single issue upon appeal is whether a residence trailer home maintained upon premises as a nonconforming use can be replaced by a new residential trailer, under existing zoning ordinances of the City of Missoula.

The case was submitted to the district court for decision on an agreed statement of facts constituting the entire factual basis of the ease. These sketchy facts indicate in 1941…