Zoning

Question 1

Zoning Ordinances

Answer 1

affects permissible use of land but they are not enforced by private parities as in covenants and servitudes-they are enforced by local governments. They are designed to control the use of land for the health, safety, morals, and general welfare of the community.

Municipal zoning regulations are constitutional unless they have no substantial relation to the pubic health, safety, moral, or general welfare.

Question 2

Euclid

Answer 2

Euclid passes an ordinance prohibiting commercial development. P a realty company sued claiming the ordinance was constitutional; such zoning prevents fires, reduces noise, and preserves residential areas.

Question 3

Zoning and Nuisance

Answer 3

Power to zone is similar to rationale for abating nuisance…both address the same basic types of issues.

1. Court has no difficult with industrial uses being separated from residential uses, or with separating single family homes from apartment buildings
2. Court finds that such separations, even if sometimes overly inclusive is rationally related to valid state interest
   - Segregation of uses helps provide optimal fire safety services
   - Reduces noise in residential areas
   - generally creates more favorable neighborhoods to raise families

Question 4

Buchanan

Answer 4

Louiseville had an ordinance that prohibited blacks from owning or occupying buildings in majority white areas. Court determined bans on sale of real estate to black people violates Due Process and freedom of contract of US Constitution.

Question 5

Fair Share Test

Answer 5

Any zoning ordinance with exclusionary impact must be scrutinized in light of the housing needs of the entire region. Developing communities must have their fair share of low and moderate income residents

Question 6

Tress Pass

Answer 6

If land is invaded by someone that interferes with the right of exclusive possession.

Shack & Tejeas: Journalist and migrant farm aid entered property to aid worker. The court held the ownership of real property does not include the right to refuse access to individuals providing government services to workers who are housed on the property. The factors to assess are isolation, ignorance of rights, roots to area, status of people of the workers.