McMilian v. King County

¶1 — Valid nonconforming uses of land are permitted where those uses were lawfully established prior to the adoption of contrary zoning legislation. The requirement that the use be lawfully established is not limited to compliance with zoning legislation but, rather, also demands compliance with general statutory requirements. Although such nonconforming uses are disfavored, they are permitted to continue in order to avoid constitutional due *585process concerns arising from interference with a landowner’s property rights. Such constitutional concerns do not arise, however, where a trespasser…