CHAPTER 14: Zoning

Question 1

Zoning involves due process and equal protection challenges under the 14th amendment for state and city governments.

Answer 1

Due Process challenge=
the individual challenging the law asserts that the gov action is adversely affecting some individual right that he has.

Equal Protection Challenge=
the individual challenging the law asserts that the gov action is adversely affecting the rights of a group or class of people by discrimination.

Question 1

Minimal scrutiny

Answer 1

Zoning law would be upheld if it is RATIONALLY RELATED to a genuine GOVERNMENT PURPOSE.

Question 2

Rationally Relates (under minimum scrutiny)

Answer 2

gov must prove that there zoning regulations are reasonably related to a legitimate government purpose. Usually satisfied unless the law is arbitrary.

Question 3

Legitimate government purpose

Answer 3

Burden of proof – the party raising the due process challenge has the burden of disproving either element. The government has no burden.

Question 4

Zoning for Aesthetics

Answer 4

Gov can zone for merely aesthetic purposes through their police power

Question 5

Zoning for low cost housing

Answer 5

Spit in jurisdiction on whether can zone for low cost housing

Question 6

When can Zone for low housing cost?

Answer 6

Can Zone for low cost - held that low-cost housing is a fundamental right, and that zoning in exclusion of low-cost housing will not be upheld unless the government satisfies the strict scrutiny test showing that such an exclusionary law is necessary for a compelling government interest

Question 7

When can you not Zone for low housing cost?

Answer 7

Held that a federal exclusionary zoning law of low-cost housing was subject to minimum scrutiny not strict scrutiny and that the law should be upheld since it is rationally related to a legitimate government purpose.

Question 8

Zoning non confirming use

Answer 8

Refers to a situation where a property’s current use does not comply with zoning regulations in the area.

Question 9

Limiting the Zoning power by fundamental rights

Answer 9

Gov had the burden of strict scrutiny of showing that law was necessary for compelling gov. interest.