Board Of Supervisors Of Cerro Gordo County v. Miller
170 N.W.2d 358 (1969)
Nature of the Case
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Facts
Ds own and operate a business known as Chazen's Auto Parts. P rezoned the land to agricultural use and allowed a 5-year amortization period for nonconforming uses. Ds intentionally continued operations for more than five years and P brought an action in equity to enjoin Ds' continued use of their land as an automobile wrecking establishment after the expiration of the prescribed amortization period. Ds claimed the ordinance was unconstitutional as a taking of property without due process. P got the verdict and Ds appealed.
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