Rodehorst Bros. v. City of Norfolk Bd. of Adjustment

Rodehorst Brothers, a partnership, applied for several building permits for its apartment building. A building inspector granted the first two permits but denied the third, concluding that Rodehorst had forfeited its right to continue its nonconforming use of a fourplex in an area zoned R-2 for one- and two-family use. On appeal, the city’s Board of Adjustment determined (1) Rodehorst had forfeited its right to continue its nonconforming use by not having more than two apartments occupied for more than one year, and (2) the Board lacked authority to grant a use variance to otherwise allow the use to continue. The district court affirmed, concluding that the Board did not err in its judgment and that the Board’s ruling was not an unconstitutional taking. The Supreme Court affirmed, holding (1) because the record showed that Rodehorst discontinued the noncomforming use for one year, it forfeited its right to continue the use; (2) the Board lacked authority to grant a use variance; and (3) there was no taking of Rodehorst’s property.

Rodehorst Bros. v. City of Norfolk Bd. of Adjustment