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. What other theory might Sophie use to protect her bakery?

Question

Quizplus · Accepted Answer

Nonconforming use is a legal theory that allows a property to be used in a manner that was lawful before a new zoning ordinance was passed but is now prohibited under the new ordinance. Since Sophie's bakery was established and operated legally before the residential area was redeveloped and the new homes were sold, she might argue that her bakery is a nonconforming use that is grandfathered in, allowing her to continue her operations despite the new residential character of the neighborhood.

Sophie's Choice Is a Bakery Located in a Residential Area