Consider the following situation:

Daniel Plainview operates a hemp oil processing facility in an area of Nash County that is not subject to zoning. The Nash County Board of Commissioners, after appropriate public notice and commentary, passed a county-wide zoning ordnance identifying all previously non-zoned areas as "R-Residential" which effectively prohibits commercial uses of real property. Will Daniel be allowed to continue operating his facility?

Select one:

a.

yes, as a non-conforming use until he makes a major change or expansion to the business

b.

no, unless he also builds a residence on the property

c.

no, unless he successfully applies for rezoning

Continue the fact assumptions from the previous question:

Concerned about the imminent collapse of the CBD oil market, Daniel Plainview shifts his business model to hemp fiber processing, but to do so he will need to build a larger plant, so he purchases a tract of land adjacent to his current facility.

Being in an R-Residential zone, Daniel must apply for a special use permit to use the adjoining parcel for an industrial use. After public hearings and opposition to the expansion by neighbors, the county denies Daniel's application for a special use permit.

Daniel sues the county, alleging that the county's refusal to grant his permit is a regulatory taking of his property, and he is demanding compensation for a large part of the purchase price.

Assuming the trial judge provides the jury an instruction that follows settled law, what is the jury's likely verdict and why?

Select one:

a.

The jury finds in favor of Daniel, because any government regulation that causes loss in property value is an unconstitutional taking.

b.

The jury finds in favor of Daniel, because the government may not consider the impact of one landowner's activity on his or her neighbors, because the neighbors have available a potential common law nuisance claim

c.

The jury finds in favor of Nash County, because given the non-industrial residential zoning classification in place when Daniel purchased the parcel, his expectation of a higher industrial return on his investment in the property was unreasonable (and, the parcel still has value for other uses)