State v. Robinson

Nebraska Advance Sheets STATE v. ROBINSON 799 Cite as

287 Neb. 799

to promote the common good.”’”71 In essence, discontinuance provisions work gradually over time to eliminate nonconform- ing uses, a recognized good. And, as in Leisz, the regulation here did not outright terminate the nonconforming use, but, rather, allowed Rodehorst to continue the nonconforming use if it did not discontinue the use for 1 year. As in Leisz, “[t]he power to protect the property interest rest[ed] solely with the landowner.”72 For these reasons, we conclude that the dis- continuance provision at issue here did…