Friday, December 8, 2006

Purich v. Draper Properties, Inc. (Ct. of Appeals)

Filed December 7, 2006--Opinion by Judge Dale Cathell.
Dissenting Opinion by Judge Glenn Harrell, in which Judges Irma Raker and Clayton Greene, Jr., join.

In Montgomery County, once a special exception is obtained for a particular use of a property and the property is thereafter utilized for that use, a prior nonconforming use that is identical to that for which the special exception is granted is terminated or the six month period of abandonment begins to run. §59-G-4.14 of the Montgomery County Zoning Ordinance. Once the special exception is granted the use becomes "permitted" and, if not sooner terminated, after six months the nonconforming use is abandoned and may not be revived unless additional relief is granted under other provisions of the Zoning Ordinance, i.e., variances, etc.

The full opinion is available in WordPerfect and PDF.

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