Law, 02.03.2020 23:46 2020seogang

Ten years ago, a couple bought a building and moved into its second-floor apartment with their teenage daughter. The couple operated a shoe store on the first floor of the building for many years. When the couple purchased the building, the area was predominantly rural and was zoned for nonresidential use. The municipality’s zoning is cumulative. Five years ago, the municipality rezoned the area to single-family residential use. The daughter was not aware of this change, since she was away at college. Recently, the daughter inherited the building from her parents. The daughter immediately moved into the apartment and took over the operation of the shoe store on the first floor. The daughter has learned that a developer is planning to build a large residential community in the area surrounding her building.
The daughter has asked her lawyer for advice regarding her ability to continue operating the shoe store. Should the lawyer advise the daughter that she can continue to operate her shoe store?
(A) No, because the nonconforming use of the building terminated when the daughter’s parents died.
(B) No, but the municipality must pay her reasonable compensation for her loss resulting from the change in zoning.
(C) Yes, because the shoe store is a nonconforming use.
(D) Yes, because the zoning is cumulative and the building is also used for single-family residential purposes.

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