381 P.2d 724 | Utah | 1963
This is an appeal from a jury verdict and judgment thereon in a condemnation proceeding commenced by the Utah State Road Commission, respondent herein, in which appellants were awarded the sum of $1,500 as compensation for real property taken by the State for public purposes.
The property in question was triangular in shape and when acquired by appellants in 1926 was used as commercial property for a drive-in root beer stand which use continued until 1948 or 1949 at which time the buildings thereon were destroyed by fire. Appellants did not attempt to rebuild thereon but paid taxes and intended to sell the property. The property is situated in Bountiful, Davis County, Utah. In 1938 Bountiful City passed a zoning ordinance and the property involved herein is now zoned residential. The State’s evidence is that this particular property because of
Appellants contend that the court erred in refusing to admit the proffered testimony in evidence because a non-conforming use prior to the zoning change to residential had been proved and appellants could not thereafter be deprived of their non-conforming use by the change. In Morrison v. Horne
Appellants further contend that even though the zoning ordinance would be valid generally speaking, nevertheless, in its application to the property involved herein it is invalid because the proof showed that it could not be used for residential purposes, the lot being too small to conform to the provisions of the zoning ordinance in that regard and therefore it was practically valueless for any purpose other than commercial, for which use its value was substantial. In support of such contention they cite Tews v. Woolhiser.
Affirmed. No costs awarded.
. Morrison v. Horne, 12 Utah 2cl 131, 363 P.2d 1113.
. Bountiful City, Sec. 24-18, subsec. 4. One Year Yaeaney — A building, structure or portion thereof, non-conforming as to use, which is, or hereafter becomes vacant, and remains unoccupied for a eontinuous period of one (1) year, shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.
. Tews v. Woolhiser, 352 Ill. 212, 185 N.E. 827.