Law - Zoning Cases

Question 1

Welch v. Swasey

Answer 1

1909. Right of municipalities to reg. bldng. height. 1905 Massachusetts act enabled limiting building heights. Court held height discrimination is based on reasonable grounds, is a proper exercise of the police power of the state, and does not violate equal protection and due process clauses of the 14th amendment.

Question 2

Eubank v. City of Richmond

Answer 2

1912. Supreme Court. State statute allowed owners of 2/3 of land abutting any street to request a building line. Court struck down ordinance b/c of delegation of authority to private citizens. But said establishment of building lines was valid exercise of police power.

Question 3

Hadacheck v. Sebastian

Answer 3

1915. Supreme Court. Approved regulation of the location of land uses. LA prohibition of brick production in certain area did not violate Due Process/Equal Protection under 14th.

Question 4

Village of Euclid v. Ambler Realty Co.

Answer 4

1926. Supreme Court. Upheld modern zoning as proper use of police power.

Question 5

Nectow v. City of Cambridge

Answer 5

1928. Supreme Court. Rational basis test to strike down zoning ordinance b/c had not valid public purpose. Violation of due process under 14th.