Court Cases - Zoning Cases

Question 1

• Court gave cities the right to regulate building height.
• Previous MA law limited building heights and the Court held that height discrimination is based on reasonable grounds.
• Does not violate equal protection and due process in 14th Amendment.

Answer 1

Welch v. Swasey (1909)

Question 2

• Court struck down ordinance in State statute that allowed owners of two-thirds of the land abutting any street to request a building line because it put authority over private citizens.
• Court acknowledged that the establishment of building lines is a valid exercise of police power. State just took it too far.

Answer 2

Eubank v. City of Richmond (1912)

Question 3

• Court approved the regulation of the location of land uses.
• A zoning ordinance in LA that prohibited production of bricks in a specific location did not violate Due Process in the 14th Amendment.

Answer 3

Hadacheck v. Sebastian (1915)

Question 4

• Court held that a zoning ordinance could be upheld if the community believed that there was a threat of a nuisance.
• The ordinance upheld modern zoning as a proper use of police power.

Answer 4

Village of Euclid v. Amber Realty Co. (1926)

Question 5

• Court used a rational basis test to strike down a zoning ordinance because it had no valid public purpose.
• Court ruled that it was a violation of the 14th Amendment.

Answer 5

Nectow v. City of Cambridge (1928)