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**markbila** · 06-02-2007, 12:24 AM

It would be interesting in any links that partofme can find regarding this incident. It appears dead wrong to close a business under long established property law decisions for the reasons he cited. Accepting what he said as being accurate, obviously the bar when it was in operation was built without a church being within the distance requirement or else it would have never been allowed to function at all. The church came along and built itself within the distance requirement. This situation would then put the bar outside the law, but since the bar was legal when functioning, and the church's subsequent establishment is what put the bar outside the letter of the law, it should be deemed a 'nonconforming use' and still have been allowed to operate until such time as someone stopped using the property as a bar.

Thats my understanding of it too - although I am not familiar with the US I would be surprised if US property law is substantially different on this issue.

Re the Mosque - they should have been aware there was a pig farm close by prior to acquiring the land for the purpose of building a mosque. If they did not do their research - its not the pig farmer's problem - its theirs, and it is they who may need to review their plans.

Re the Church and the bar - IF there is a precedent, like you I would want to see evidence. I would have thought it unlikely, however if exceptions are made for religious groups/purposes it would be a concern IMO - and if it applies in the case of churches and bars, then one would expect, according to Law, that the same would apply to mosques and pig farms.

Either way, it could be used by religious groups (including minor sects) to force land use changes that could affect neighbourhoods, and be detrimental to communities - either economically or socially. I would be surpised if this occurs in the US - although I believe it CAN happen in some other countries. (for some reason Malaysia springs to mind - but I haven't got a specific example in mind).

06-02-2007, 12:24 AM	#15
markbila Join Date Oct 2005 Posts 388 Senior Member	It would be interesting in any links that partofme can find regarding this incident. It appears dead wrong to close a business under long established property law decisions for the reasons he cited. Accepting what he said as being accurate, obviously the bar when it was in operation was built without a church being within the distance requirement or else it would have never been allowed to function at all. The church came along and built itself within the distance requirement. This situation would then put the bar outside the law, but since the bar was legal when functioning, and the church's subsequent establishment is what put the bar outside the letter of the law, it should be deemed a 'nonconforming use' and still have been allowed to operate until such time as someone stopped using the property as a bar. Thats my understanding of it too - although I am not familiar with the US I would be surprised if US property law is substantially different on this issue. Re the Mosque - they should have been aware there was a pig farm close by prior to acquiring the land for the purpose of building a mosque. If they did not do their research - its not the pig farmer's problem - its theirs, and it is they who may need to review their plans. Re the Church and the bar - IF there is a precedent, like you I would want to see evidence. I would have thought it unlikely, however if exceptions are made for religious groups/purposes it would be a concern IMO - and if it applies in the case of churches and bars, then one would expect, according to Law, that the same would apply to mosques and pig farms. Either way, it could be used by religious groups (including minor sects) to force land use changes that could affect neighbourhoods, and be detrimental to communities - either economically or socially. I would be surpised if this occurs in the US - although I believe it CAN happen in some other countries. (for some reason Malaysia springs to mind - but I haven't got a specific example in mind).
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