7.8. ABANDONMENT.

JurisdictionArizona

7.8. Abandonment.

7.8.1. Discontinuance of use.

Kubby v. Hammond, 68 Ariz. 17, 198 P.2d 134 (1948) (discontinuance of a nonconforming use results from the concurrence of two factors: (1) the intent to abandon and (2) some overt act or failure to act which carries the implication of abandonment)

7.8.2. Change of use.

A change in the basic nature or character of a use may result in a loss of the protected nonconforming use.

Blake v. City of Phoenix, 157 Ariz. 93, 754 P.2d 1368 (App. 1988) (evidence presented to the board of adjustment that the change of a...

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