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<br />February 15, 2007 I Volume 1 I No.4 <br /> <br />Nonconforming Use - Property owner seeks <br /> <br />continued operation of mobile home park in <br /> <br />commercial zone <br /> <br />New permits denied after all but one home was removed <br /> <br />Citation: Cook v. City of Columbiana, 2007 WL 80491 (Ala. Civ. App. 2007) <br />ALABAMA (01/12/07) - In 1990, Cook purchased land in the city of Colum- <br />biana that had been being used as a mobile home park. After the city annexed <br />the land, it passed an ordinance zoning the land commercial - a designation <br />that prohibited the operation of a mobile home park. HoweveJ; there was a <br />grandfather clause that allowed Cook to continue to run the park as a noncon- <br />forming use. <br />The grandfather clause contained conditions under which the legal status <br />of a nonconforming use would be terminated. Under the clause, a noncon- <br />forming use would cease to exist if the use: was changed to another non- <br />conforming use; lapsed for longer than a year; was expanded; or was rebuilt <br />after fire or damage exceeding its full value. <br />By 2004, all but one of the mobile homes on Cook's property had been <br />removed. Seeking to replace the homes, he requested bUilding permits for the <br />installation of additional sewer lines from the city's director of public works. <br />His request was denied based on the ordinance; the city saw Cook's request <br />as an expansion of the nonconforming use. <br />Cook sued the city, claiming that the city violated his civil rights by barring <br />him from using his property for a lawful nonconforming use. Cook argued <br />that he was not expanding the use, but simply operating the grandfathered <br />use lawfully. The city asked the court to find in its favor without a trial. <br /> <br /> <br />:;~~~nJ~~i~~~tifJ~~~~~~~~6pr~c~~rri~~~~~i1~~~~~~~jfff~i~~%~wrrt~:YJe~; <br /> <br />-brdei:Pi:oceSsirig, 620 Opperman Drive, po B.ox 64833, St.Paul, MN ~m4-9753. .-. .- -: -. ." c.. <br /> <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526St. <br />Paul, MN 551-64-0526. . -.- . <br /> <br />THOMSON <br />* <br />VVEST <br /> <br />610 Opperman Drive. p_o_ Box 64526. 5t. Paul. MN 55164-0526 <br />1-800-229-2084. email: west.customerservice@thomson_com.west.thomson.comlquinlan <br />15SN 0514-7905 . @ 2007 ThomsonlWest. All Rights Reserved. Quinlan™ is a Thomson/West brand. <br /> <br />2 <br /> <br />32 <br />