Foundational Zoning Law Cases

Question 1

This type of law was based in common law and in place prior to comprehensive zoning.

Affected party (persons assoicated with real property, per Common Law) can claim a nuisance if quiet enjoyment of their land (their right) is interrupted by noise, polllution, odor, etc.

Answer 1

Nuisance Laws

Question 2

Cour established right of municipalities to regulate building height.

Massachusetts

Court held height discrimination is reasonable and a property exercise of the state’s police powers.

Height discrimination does not violate equal protection and due process clauses of the 14th Amendment.

Building height limitation of 80-100 feet does not deprive the property owner of profitable use.

Mass. can limit heights of building in certain quarters of the City without violating the constitution.

Answer 2

Welch v. Swasey; 214 U.S. 91 (1909)

Question 3

This case restricted landowners’ ability to request/delegate building lines; however, court aknowledged that establishing building lines was a valid exercise of the police powers.

Answer 3

Eubank v. City of Richmond; U.S. Supreme Court (1912)

Question 4

The Court’s first approval of the regulation of land use’s locations. Found that LA’s zoning ordinance prohibiting brick production in a specific location did NOT violate the 14th amendment (Due Process/Equal Protection).

Prohibiting some activities do not constitute a taking. Brick yard ban upheld. Lead to Euchlid v. Ambler (1926).

Answer 4

Haacheck v. Sebastian; U.S. Supreme Court (1915).

Question 5

Court found that so long as a community believed there was a threat of a nusiance, zoning ordinances should be upheld. Court held that Euclid’s zoning ordinance was a proper use of the police powers and did not violate Ambler Realty’s 14th amendment (Due Process) rights.

Upheld modern zoning as a valid police power.

INFLUENTIAL brief filed by Alfred Bettman.

Answer 5

Village of euclid v. Ambler Realty Co.; U.S. Supreme Court (1926)

Question 6

This force controls actions and property of individuals WITHOUT compensation.

Answer 6

Police Powers

Question 7

This force takes property for a public purpose WITH just compensation.

Answer 7

Eminant Domain