Also known as: nonconformities · nonconforming · non-conformity
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A use of land that was lawful when established but does not comply with later-enacted zoning restrictions. The owner generally holds a vested right to continue the use. That right may be lost through abandonment, discontinuance for the statutory period, or amortization ordinances that require termination after a reasonable period.
A use of land that was lawful when established but does not comply with later-enacted zoning restrictions. The owner generally holds a vested right to continue the use. That right may be lost through abandonment, discontinuance for the statutory period, or amortization ordinances that require termination after a reasonable period.
Select any source to read its text and confirm it supports the definition.
A failure of tendered goods or their delivery to meet the contract specifications in any respect. The buyer may reject the whole, accept the whole, or accept any commercial unit and reject the rest, subject to rules on cure, installment contracts, and revocation of acceptance.
Select any source to read its text and confirm it supports the definition.
A failure of tendered goods or their delivery to meet the contract specifications in any respect. The buyer may reject the whole, accept the whole, or accept any commercial unit and reject the rest, subject to rules on cure, installment contracts, and revocation of acceptance.
Each sense below has its own examples, sources, and questions.
Nicole Navarro purchased land and opened a small auto repair shop that complied with all zoning rules at the time. Years later the city rezoned the area for residential use only. Navarro continued operating the shop without interruption. The city cannot force immediate closure because the prior lawful use gives her a vested right to continue the nonconforming activity.
Nimbus Cloud owns a warehouse that became nonconforming after a new zoning ordinance. The city passes an amortization rule giving owners five years to phase out the use. The period is reasonable given the modest investment and the nature of the warehouse operation. Nimbus Cloud must cease the use after five years or the ordinance will be enforced.
The owner generally retains a vested right to continue the existing use. The right may be lost through abandonment, discontinuance for the statutory period, or amortization ordinances that require termination after a reasonable period.
Supporting sources
Some jurisdictions permit amortization ordinances that give the owner a reasonable period to phase out the use. Reasonableness turns on the nature of the use, the owner's investment, and the length of the period allowed. The ordinance must not amount to a taking without just compensation.
Supporting sources
If goods or their tender fail in any respect to conform to the contract, the buyer may reject the whole, accept the whole, or accept any commercial unit and reject the rest, subject to rules on cure and installment contracts.
Supporting sources
A buyer may revoke acceptance if the nonconformity substantially impairs the value of the goods to the buyer and acceptance occurred on the reasonable assumption that the nonconformity would be cured or was reasonably induced by difficulty of discovery or seller assurances. Revocation must occur within a reasonable time and before substantial change not caused by the nonconformity.
Supporting sources
…592 F.2d 446, 452 (8th Cir.1979) ("it is not enough that the seller be given notice of the mere facts constituting a nonconforming tender; he must also be informed that the buyer considers him to be in breach of the contracts."). Moreover, we believe that the Supreme Court of Ohio would also reject the plaintiff's…