"A party seeking to establish that it may lawfully use its property as a nonconforming use has the burden of proof. Manhattan Inc. v. Shelby County, No. W2006-02017-COA-R3-CV, 2008 WL 639791, at *6 (Tenn. Ct. App. Mar. 11, 2008) (no perm. app. filed). In addition, grandfather clauses are construed strictly against the party seeking to use them. Exxon Corp. v. Metro. Gov’t. of Nashville and Davidson County, 72 S.W.3d 638, 642 (Tenn. 2002)." Id.
"Because the uses that the 1961 Ordinance made nonconforming became illegal and should have ceased in 1981, only those uses actually permitted by the 1961 Ordinance lawfully existed when Millington enacted the 1986 Ordinance. In order for Mr. Jacks’ use of 5045 and 5047 for human occupation to be lawfully nonconforming under the 1986 Ordinance, it must have been permitted by the 1961 Ordinance and disallowed by the 1986 Ordinance. " Id.