Duffy v. Milder

The Poncelet family lawfully kept a nonconforming horse farm on their land under old zoning rules. They sold the land to the Malms, who could have continued the horse-farm nonconforming use, but instead successfully petitioned the town to rezone the property for condominium development - a rezoning that also newly prohibited horse farms. After building condos on one lot, the Malms sold the other lot (Lot 24) to the Milders (defendants), who wanted to keep horses there; the town began citing them for zoning violations. The Milders sued for a declaration that keeping horses was a lawful nonconforming use; neighbors, the Duffys (plaintiffs), intervened and argued the nonconforming use had already been abandoned before the Milders bought the property. The trial court sided with the Milders, and the Duffys appealed.