H.R.D.E. v. Zoning Officer City Romney and

SYLLABUS BY THE COURT 1. Although the right to a nonconforming use when there is something less than actual use is generally determined on a case-by-case
basis, the following factors are to be weighed when determining whether or not a landowner has acquired a vested right to
a nonconforming use: (1) whether the landowner has made substantial expenditures on the project; (2) whether the landowner
acted in good faith; (3) whether the landowner had notice of the proposed zoning ordinance before starting the project at
issue; and (4) whether the expenditures could apply to other uses of the land. Mere contemplated use or preparation or preliminary
negotiations with contractors or architects will not vest the right to a nonconforming use.