Smith v. Long

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying a variance for expansion of a gasoline station where “[t]he only hardship referred to is that of continuing the operation in an outdated facility”
• where parties do not contend that there is shortage of facts, and sufficient undisputed facts permit resolution of issues, we must “apply the applicable law to these undisputed facts”
• “While nonconforming buildings and uses existing at the time the zoning restrictions become effective cannot be prohibited, they are subject to reasonable regulations under the police power to protect the public health, safety, welfare or morals.”
• “a fundamental theory of . . . zoning [is] that it shall be for the general good, to secure reasonable neighborhood uniformity, and to exclude structures and occupations which clash therewith. The expansion of a nonconforming use offends the spirit of zoning regulation.”
• prohibiting the extension or enlargement of nonconforming uses

Source: CourtListener parenthetical corpus (CC0).