City of Glendale v. Aldabbagh

OPINION

MARTONE, Justice.

We are asked to decide whether the right to use a preexisting nonconforming use can be lost through nonuse, short of an intent to abandon. We hold that an intent to abandon is not required and that a preexisting nonconforming use can be lost where its nonuse is attributable, at least in part, to the property owner.

I. Background

Amer “Omar” Aldabbagh owns an adult entertainment business in Glendale that would violate Glendale’s zoning ordinance but for its status as a preexisting nonconforming use. The county attorney filed a nuisance abatement action against Aldabbagh…