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Zoning Bulletin June 10, 2011 I Volume 5 No. 11 <br />aggrieved in that she alleged that development and traffic would af- <br />fect wildlife and the rural quality of her neighborhood. The court <br />found that the neighbors who lived within 600 feet of the subdivi- <br />sion had standing because: they were adjacent to its sole access road <br />such that they would be directly affected by increased traffic; and <br />they had averred that the development would have an adverse impact <br />on wildlife, noise, and traffic, and would create light pollution. The <br />court found that the neighborhood association had standing because: <br />some of its members had standing to sue; the interests the association <br />sought to protect were germane to its purpose of dealing with the land <br />use issues in the neighborhood and protection of the area plan; and <br />the declaratory and injunctive relief sought by the action did not re- <br />quire individual participation of association members. <br />See also: Aspen Trails Ranch, LLC v. Simmons, 2010 MT 79, 356 <br />Mont. 41, 230 P.3d 808 (2010). <br />See also: Little v. Board of County Com'rs of Flathead County, 193 <br />Mont. 334, 631 P.2d 1282 (1981). <br />See also: Warth v. Seldin, 422 U.S. 490, 95 S. Ct. 2197, 45 L. Ed. <br />2d 343 (1975). <br />Nonconforming Use —Property Owner Claims <br />Use is a Valid Nonconforming Use <br />He says nonconforming use was established when prior <br />owners of adjacent property used portions of his property <br />for such use <br />Citation: McMilian v. King County, 2011 WL 1631853 (Wash. Ct. <br />App. Div. 1 2011) <br />WASHINGTON (05/02/11)—This case addressed the issue of <br />whether a nonconforming use can be lawfully established even <br />where the individual engaging in the use of property is a trespasser. <br />The Background/Facts: Leo McMilian ("McMilian") owned two <br />adjacent parcels in an unincorporated area in the county. He pur- <br />chased the parcels —a northern parcel and a southern parcel —in. <br />2002. The northern parcel had been used as a wrecking yard busi- <br />ness since prior to 1958. The southern parcel was used by prior <br />owners for logging. However, prior owners of the northern parcel <br />had also used part of the southern parcel for the wrecking yard <br />business. Thus, the wrecking yard "bulged" past the northern par- <br />cel's property lines. <br />© 2011 Thomson Reuters 9 <br />