Linn County v. Hickey

Plaintiff Linn County brought this action to enjoin defendant from operating a dog kennel on his property in an exclusive farm use zone. County contended that kennels are a prohibited use of the property under county zoning regulations. During trial, county agreed that defendant, who has been engaged in kennel operations since the 1960’s, has acquired a nonconforming use. The trial court apparently concluded that the nature and extent of the nonconforming use was to be determined as of February 1,1986, the effective date of a county ordinance that prohibits kennels in the zone. The court…