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Is non-conforming use the civil equivalent of ex post facto?

April 26, 2017Civil equivalent ex facto Non-Conforming

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Is non-conforming use the civil equivalent of ex post facto?

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Ahh!! But, *yes*, any attempt to penalize or criminalize the owners of those long-standing red houses would be ex post facto. Not allowed. Our constitution absolutely forbids it. In this hypothetical, the law forbids the NEW painting red of currently non-red houses. The ones that were already red, are “grand-fathered” and are legally allowed to remain as they are.