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Source Rights Incident to Land Ownership Complete Real Property List Matched to this deck.

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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 can never terminate a nonconforming use. Abandonment occurs only when the owner records a written release in the land records. Abandonment usually requires intent to abandon plus conduct showing abandonment, unless a valid ordinance provides a stricter rule. Abandonment is established by any period of nonuse, even if the owner intended to resume the use.

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