Stephan & Sons, Inc. v. Municipality of Anchorage Zoning Board of Examiners & Appeals

How courts have described this case

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

• stating that the diminishing assets doctrine holds that an owner of the non-conforming use may sometimes be found to have a vested right to use an entire tract, even though only a portion of the tract was used when the restrictive ordinance was enacted
• intent to use the entire tract for quarry business must be \objectively manifested\ by the property owner's operations before a nonconforming use is extended
• “The mere intention or hope on the part of the landowner to extend the use over the entire tract is insufficient; the intent must be objectively manifested by the present operations.”
• gravel pit operator could not expand its operations past areas actually excavated at the time the restriction went into effect, because the operator’s use of the pit “in no way manifestly indicated an objective intent to appropriate the entire fifty-three acres”

Source: CourtListener parenthetical corpus (CC0).