GPO-CONAN-2017-10-15.pdf

320 the court will generally uphold a challenged land

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320 The Court will generally uphold a challenged land-use plan unless it determines that either the over- all plan is arbitrary and unreasonable with no substantial relation to the public health, safety, or general welfare, 321 or that the plan 313 Reinman v. City of Little Rock, 237 U.S. 171 (1915) (location of a livery stable within a thickly populated city “is well within the range of the power of the state to legislate for the health and general welfare”). See also Fischer v. St. Louis, 194 U.S. 361 (1904) (upholding restriction on location of dairy cow stables); Bacon v. Walker, 204 U.S. 311 (1907) (upholding restriction on grazing of sheep near habitations). 314 Northwestern Laundry v. Des Moines, 239 U.S. 486 (1916). For a case em- bracing a rather special set of facts, see Dobbins v. Los Angeles, 195 U.S. 223 (1904). 315 Hadacheck v. Sebastian, 239 U.S. 394 (1915). 316 Cf. Developments in the Law: Zoning , 91 H ARV . L. R EV . 1427 (1978). 317 Welch v. Swasey, 214 U.S. 91 (1909). 318 Gorieb v. Fox, 274 U.S. 603 (1927). 319 Agins v. City of Tiburon, 447 U.S. 255 (1980). 320 Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (1978). 321 Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); Zahn v. Board of Pub. Works, 274 U.S. 325 (1927); Nectow v. City of Cambridge, 277 U.S. 183 (1928); Cusack Co. v. City of Chicago, 242 U.S. 526 (1917); St. Louis Poster Adv. Co. v. City of St. Louis, 249 U.S. 269 (1919). 1897 AMENDMENT 14—RIGHTS GUARANTEED
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as applied amounts to a taking of property without just compensa- tion. 322 Applying these principles, the Court has held that the exclu- sion of apartment houses, retail stores, and billboards from a “resi- dential district” in a village is a permissible exercise of municipal power. 323 Similarly, a housing ordinance in a community of single- family dwellings, in which any number of related persons (blood, adoption, or marriage) could occupy a house but only two unre- lated persons could do so, was sustained in the absence of any show- ing that it was aimed at the deprivation of a “fundamental inter- est.” 324 Such a fundamental interest, however, was found to be implicated in Moore v. City of East Cleveland 325 by a “single fam- ily” zoning ordinance which defined a “family” to exclude a grand- mother who had been living with her two grandsons of different children. Similarly, black persons cannot be forbidden to occupy houses in blocks where the greater number of houses are occupied by white persons, or vice versa. 326 In one aspect of zoning—the degree to which such decisions may be delegated to private persons—the Court has not been consis- tent. Thus, for instance, it invalidated a city ordinance which con- ferred the power to establish building setback lines upon the own- ers of two thirds of the property abutting any street. 327 Or, in another case, it struck down an ordinance that permitted the establish- ment of philanthropic homes for the aged in residential areas, but only upon the written consent of the owners of two-thirds of the property within 400 feet of the proposed facility.
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