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Unformatted text preview: divided on the latter issue. 23. Hathaway is entitled to continue operating her bookstore because it was a lawful use at the time she opened the store 40 years ago. Zoning laws have prospective effect only. Previously lawful uses in existence at the time of enactment of zoning laws are permitted to remain as nonconforming uses. Hathaway's bookstore would qualify as such a use. 24. The other Rude Awakening property owners are entitled to take legal action to enforce the restrictive covenant against the Bagos. On the facts described, the covenant "ran with the land." Business Law and the Regulatory Environment, 11E 45...
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- Spring '09