Fill and Sign the Complaint Petition Form

IN THE _______________________________ COURT OF _____________________________________ (County), ______________________________________________ (State) _____________________________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. ______,______ ______________________________________________ DEFENDANT (Name of Municipality) Complaint for Judgment Declaring a Nonconforming Use COMES NOW _______________________________________________ (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through her attorney, and files this her Complaint against Defendant, __________________________ __________________________ (Name of Municipality), and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of ___________________________________ ________________________________________________________________________ (city, county, state). 2. Defendant is a municipal corporation duly organized and existing under the laws of the State of _____________________________________________ (Name of State), located in _________________________________________ (Name of County), and may be served with process by serving ________________________________________ ___________________________________________ (Name of City Official and Office) at ______________________________________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code). 3. On __________________________________________________ (date) , Plaintiff received from Defendant ___________________________________________________ (Name of Municipality), under the signature of its duly authorized (e.g., building inspector) ______________________________________________________________ , ______________________________________________ (Name of Building Inspector) , notice that her use of the premises at __________________________________________ ________________________________________________________________________ ____________________________________ (street address, city, county, state, zip code, for a (e.g., dance studio) ______________________________________________, hereinafter called Premises, was in violation of the Zoning Ordinance of Defendant ________________________________________________ (Name of Municipality), in that the Premises is zoned (e.g., R-5 Multi-Family Residential District, which provides for the development of high density residential housing) ________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. A copy of the notice, marked Exhibit A, is attached to this Petition and incorporated herein by this reference. 4. Plaintiff has owned said Premises since (e.g., May of 1985) _________________ ___________________ and has operated a dance studio at said Premises since (e.g., May of 1985) ______________________________ , and Defendant did not enact the present Zoning Ordinance until (e.g., June of 1985) ________________________________. Prior to (e.g., June of 1985) _________________________________ said Premises were zoned (e.g., C-1 light commercial) _________________________________________, and use of the Premises as a dance studio was in compliance with said zoning at the time Plaintiff began using the Premise as a dance studio. Plaintiff has used the Premises continually as a dance studio since (e.g., May of 1985) ___________________________. 5. Plaintiff’s use of the Premises as aforesaid constitutes a valid nonconforming use, and Plaintiff has a right to continue her present use of the Premises. 6. A real controversy has arisen between Plaintiff and Defendant regarding their respective rights and duties under the above-mentioned Zoning Ordinance in the matter set forth above, in that Defendant denies that a valid nonconforming use exists and asserts that Plaintiff is subject to penalties provided by law in the event the present uses are continued, and Plaintiff maintains the contrary. WHEREFORE, Plaintiff prays that: 1. The court render judgment determining the rights of the parties in the real property matter describe above, and declaring that a valid nonconforming use exists in the Premises; 2. Plaintiff be awarded her costs of suit; and 3. If Plaintiff has prayed for wrong or improper relief, then she prays for such other, further, or general relief as she may be entitled to in the premises. Respectfully submitted, __________________________________________ (Name of Plaintiff) By: ______________________________________ __________________________________________ (Name & Signature of Plaintiff’s Attorney) State Bar No. __________________ Her Attorney OF COUNSEL: ________________________________________ (Name of Plaintiff’s Attorney) Post Office Box ________-________ ________________________________________________________________ City, State, Zip Code Telephone: ________-________-_____________