The termination of nonconforming uses has become of prime concern to city planners. A balancing test is not always easy to apply, but it seems to be the only way to do substantial justice in resolving conflicts between the rights of property owners and the right of the community to enact effective zoning ordinances to promote the health, safety, and general welfare of its citizens. It is submitted that Hoffman v. Kinealy is a worthy decision only insofar as it recognizes that both interests are deserving of judicial recognition.
William A. Garton,
Municipal Corporations—Zoning—Termination of Nonconforming Uses—Hoffman v. Kinealy, 389 S.W.2d 745 (Mo. App. 1965),
45 Neb. L. Rev. 636
Available at: http://digitalcommons.unl.edu/nlr/vol45/iss3/13