Sunday, November 04, 2007

Construction in Good Faith is not “Discontinuance” of a Non-Conforming Use

The Second District upheld a circuit court’s decision that a code enforcement action brought by the County because a landowner resumed a non-conforming use after it had been closed for over 6 months while under re-construction pursuant to building permits. There are some other intervening facts, and the Court rejected the circuit court’s treatment of them as mixed questions of fact and law, finding that the circuit court had reweighed the evidence. More reason why we need guidance on written orders.

The District Court’s opinion also recognized that review of the code enforcement magistrate’s decision was properly taken as an appeal.

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