King County v. High
Decision Date | 15 June 1950 |
Docket Number | 31299. |
Citation | 219 P.2d 118,36 Wn.2d 580 |
Parties | KING COUNTY, v. HIGH et ux. |
Court | Washington Supreme Court |
Department 1.
Charles O. Carroll, Stuart G. Oles, Seattle, for appellant.
George Olson, George F. Ward, Seattle, for respondents.
King County instituted this action against respondents to enjoin them from conducting a commercial business upon property owned by them within the limits of an area established by its board of county commissioners as a first residence district. The answer to the complaint set forth an affirmative defense to the effect that the property in question was being used for business purposes at the time of the adoption of the zoning resolution, and by reason of an exception contained in the zoning code its inhibitions did not apply to the property. The court sustained the defense and dismissed the action. King County has appealed.
The factual situation which we find sustained by a very clear preponderance of the evidence is as follows: The tract of land referred to is located on the west side of Bothell Way north of Lake City. In about the year 1923 the owner of the property cleared it and erected one or more buildings thereon, which he used in connection with his business as a building contractor. Later the property was used to carry on a fuel business. In 1935 respondents commenced to make and sell cedar shakes, which activity finally superseded the fuel business. At the outbreak of the war there was a substantial stock of finished merchandise on hand. Respondent Jessie High became the sole owner of the property and business. The respondent entered the military service and was absent eighteen months. After the commencement of the war respondent was unable to use her trucks in carrying on the business. The trucks and other equipment were stored on the property. During her absence some of the shakes were sold. When respondent was discharged from military service she resumed the shake business.
The zoning code contains the following rovision: 'The lawful use of land existing June 2, 1937, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued any future use of said land shall be in conformity with the provisions of this resolution.'
The resolution zoning the area in which this property is located was adopted March 27, 1939. Another provision of the zoning code reads as follows: 'The nonconforming use of a fractional part of a building or lot shall not be extended to occupy a greater part of the building or lot than that occupied on June 2 1937 except that a nonconforming use may be extended to that portion of a building which was arranged or designed for such nonconforming use as of June 2, 1937.'
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