Wednesday, October 28, 2009

10-27-09 BERKELEY SQUARE ASSOCIATION, INC. v. ZONING

10-27-09 BERKELEY SQUARE ASSOCIATION, INC. v. ZONING
BOARD OF ADJUSTMENT OF THE CITY OF TRENTON, ET AL.
A-2389-08T1

After property owner satisfies its burden of proving the
existence of a nonconforming use at the time a zoning ordinance
was amended, the objector to issuance of permits for
rehabilitation of building as a nonconforming use has the burden
of going forward on issue of abandonment before property owner
must meet its burden of persuasion as to continuation of the
nonconforming use.


Assistant Editor: Umair Hussain