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0 tracked cards Real Property

A lawful nonconforming bakery closes for four months while its owner repairs fire damage. The owner leaves the ovens installed, keeps the business license, and tells customers that the bakery will reopen. The zoning board claims the nonconforming use was abandoned solely because the bakery was closed.
What is the best common-law analysis?

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Abandonment depends only on whether neighbors prefer the use to end. Abandonment can never terminate a nonconforming use. Abandonment usually requires intent to abandon plus conduct showing abandonment, unless a valid ordinance provides a stricter rule. Abandonment is presumed whenever the owner becomes ill.

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