Kinard v. Carrier

TATE, Judge.

This is a suit to enjoin an alleged violation of zoning regulations, the commercial úse of property in an area zoned residential. The defendant landowner appeals from adverse judgment permanently enjoining the use of his premises for commercial purposes.

The trial court sustained the plaintiff’s contention that the defendant had lost whatever right he had to a nonconforming use of the property by a discontinuance of such use for more than thirty months. Because we find that (as a matter of law) there was no discontinuance of the nonconforming use, it is unnecessary to discuss…