What is the burden of proof for a party that claims to have used the same property at the time a zoning ordinance was adopted?
California, United States of America
The following excerpt is from McMillan v. Cnty. of Siskiyou, C087960 (Cal. App. 2020):
A party that claims the right to engage in a nonconforming use of property based on prior use at the time a zoning ordinance was adopted bears the burden of proof "to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance." (Melton v. San Pablo (1967) 252 Cal.App.2d 794, 804; see also SCC, 10-5.106(g)(1).)
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