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Supreme Court of the United States - 272 US 365, 272 U.S. 365, 71 L. Ed. 303, 47 S. Ct. 114, SCDB 1926-043, 1926 U.S. LEXIS 8
Tags: Property, Constitutional law, Zoning
tl;dr:
Zoning ordinances fall within the city's police powers, and they do not violate landowners' Fourteenth Amendment rights to liberty and property.Video Summary
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The legal case involves a challenge to the Village of Euclid's zoning ordinance, which the court found unconstitutional and void due to its violation of the Fourteenth Amendment's due process and equal protection clauses and certain provisions of the Ohio State Constitution. The board of zoning appeals enforces the ordinance and has the authority to adopt rules and regulations, hear appeals, and interpret the ordinance in cases of practical difficulty or unnecessary hardship. The court denied a motion to dismiss a case where the plaintiff alleges that the ordinance greatly reduces the value of their land and destroys its marketability for various uses. The question at hand is whether the ordinance violates the constitutional protection of the right to property by attempting to regulate it under the guise of the police power, which is unreasonable and confiscatory. The validity of zoning ordinances and similar laws depends on their justification under the police power for the public welfare. The restrictive provisions of the ordinance may be sustained based on the principles applicable to the broader exclusion of all business and trade structures from residential districts.
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