Maryland Complaint or Petition for Judgment Declaring a Nonconforming Use

State:
Multi-State
Control #:
US-01287BG
Format:
Word; 
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Description

A nonconforming use is an existing use of property that conflicts with a newly adopted zoning ordinance. In general, a nonconforming use has a constitutional right to continue. However, if an owner discontinues a nonconforming use, the owner loses the right to this use through abandonment, and the nonconforming use cannot be resumed at a later time.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which has been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint Or Petition For Judgment Declaring A Nonconforming Use?

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FAQ

A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment if pretrial seizure is not sought at the time of filing.

Non-conforming uses are typically allowed to continue under certain conditions, but may be subject to certain restrictions or requirements. For example, if a residential area is rezoned to a commercial district, the existing homes in the area may be considered non-conforming uses.

West's Annotated Code of MarylandMaryland Rules (1) A person claiming the right to possession of personal property may file an action under this Rule. (C) shall be brought in the circuit court if the value of the property and any damages claimed exceed the monetary jurisdiction of the District Court.

The non-conforming use will be allowed as "grandfathered in," but if the station is torn down the only use would be residential.

Rule 2-323 - Answer (a) Content. A claim for relief is brought to issue by filing an answer. Every defense of law or fact to a claim for relief in a complaint, counterclaim, cross-claim, or third-party claim shall be asserted in an answer, except as provided by Rule 2-322.

So in the simplest terms, a variance is an exception to the existing zoning, whereas a nonconforming use (also known as a grandfather clause) arises when there is a change to the zoning, but an existing use is still permitted to continue.

Detinue is a legal action that is most often utilized when a person has possession of property that they should not have, such as when they default on a loan. Replevin allows the seizure of property by law enforcement. Detinue provides for the return of the property by the party who has it unlawfully.

Nonconforming use refers to when local governments change zoning laws and allow existing property some form of exemption from abiding by the new regulations.

Detinue seeks the return of property or its value along with possible damages. It requires a trial to determine rightful owner of property. It is filed in District Court for actions up to $5,000. If a claim is between $5,000 and $30,000, the claim may be filed in either District or Circuit Court.

A writ of detinue is a legal document used to recover personal property that has been wrongfully taken by someone else. It is a type of lawsuit that allows a person who has the right to possess certain goods to sue someone who is currently in possession of those goods but refuses to return them.

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Maryland Complaint or Petition for Judgment Declaring a Nonconforming Use