In Dartmouth v. Portland Landing Beverage Room Ltd., the owner offered exotic dancing in his beverage room. At the urging of the mayor, the owner experimented with musical entertainment instead of the exotic dancing. He made no renovations to the stage area. Within a few weeks, he noticed a substantial reduction in revenues and reverted back to exotic dancing, but not before the City of Dartmouth had advertised its notice of intention to rezone the subject area to prohibit such entertainment. The land-use by-law was subsequently amended to reflect this change. The City argued that the exotic dancing had ceased to be a legal nonconforming use at the time the notice of intention was first published, and that the activity should be prohibited.
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