Crucial Exams

Multistate Bar Examination Practice Question

A property owner has operated a retail store in a district historically zoned for commercial use. Recently, the local government rezoned the area as residential, prohibiting commercial businesses. The property owner continues to operate the store. A neighbor files a lawsuit to enforce the new zoning laws and stop the store’s operation. Can the property owner continue running the retail store under the law?

  • No, because property owners are required to conform to zoning laws upon enactment.

  • No, the property owner must cease operations because prior noncompliant uses are prohibited after the zoning change.

  • Yes, but the property owner must show that the zoning board issued a specific exception for their use.

  • Yes, the property owner may continue the retail operation because the use was established legally before the zoning change.

Multistate Bar Examination
Real Property
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