The Jarvis family owned its land for more than 150 years. The Jarvis family traditionally farmed the land and for that purpose maintained farm animals. As years passed, most of the surrounding farms were sold by the owners and the area turned out to be

Question

a close-in suburb of a major city. A zoning ordinance was passed that prohibited maintaining a barn or farmyard animals on the land. The Jarvis family was advised that they were unaffected by this ordinance because theirs would be considered a nonconforming use. The members of the Jarvis family lost interest in farming and sold off all their animals. Seven (7 ) years later, a family member desired to raise a few pigs on the property. Angry neighbors asserted that the family has lost the right to do so. What is your opinion?

Answer 1

Although the Jarvis family originally had the right to maintain animals on the premises, it appears that the nonconforming use was discontinued. This discontinuance for a period of seven (7 ) years probably constituted an abandonment. The likelihood is that the Jarvis family no longer has the right to raise pigs on the property.