Sophie's Choice is a bakery located in a residential area. Sophie's had been in business in the area since 1951. The residences in the area had been abandoned and Sophie took advantage of reduced prices to acquire a home and build her bakery in that home. The city had approved Sophie's request for a special permit because the city hoped that the area could be economically developed through such new uses.
When the housing market recovered, a developer who had purchased up the homes, except for Sophie's, decided to reconstruct the homes and sell them. The neighborhood became a popular one with the homes bringing increasing prices as many buyers sought to live in the area. The residents who have purchased and moved into the homes have petitioned the city council to have Sophie's shut down as a nuisance because of the commercial activity. Which of the following is a correct statement?
A) A special permit is limited in time and can be revoked at any time.
B) Nuisance is not a basis for zoning regulation.
C) Sophie has property rights associated with the special permit.
D) The special permit is never a right in perpetuity.
Correct Answer:
Verified
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