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Landmark Planning Law Cases to 1949.

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show In this case which concerned whether a grain operator had to comply with city ordinances, the court ruled that private property becomes a public interest when it is used in a manner which affect the community at large  
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show Determined that Baltimore could control height based on the concern that excesive height could pose a fire hazard. Established a nexus between legislative intent & legislative standard.  
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Welch v Sawsey (1909)   show
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Eubank v City of Richmond (1912)   show
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show Upheld L.A. law that prevented landowners from manufacturing bricks on private property because the property had been annexed into the city & the excavation of the valuable soil was not restricted.  
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Thomas Cusack Co v City of Chicago (1917)   show
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Town of Windsor, CT v Whitney (1920)   show
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Romar Realty v Board of Commissioners (1921)   show
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Inspector of Building of Lowell v Stoklosa (1924)   show
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show Upheld legislation that prohibited business uses in residential areas even if it diminished some of the property's value and there were business operations existing in the area that had been established prior to the zoning change.  
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Euchlid v Ambler Realty (1926)   show
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Washington Ex Rel. Seattle Trust Co v Roberge   show
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show Overturned part of a legislation that sought to cause exisiting businesses to cease once a new zoning classification was placed upon it. Upheld idea of "nonconforming uses"  
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show Found that there is fine line between reasonable use of police powers to restrict lawful use of private property and takings. Determined that the ordinance stepped over the line & deemed unconstitutional.  
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Welton v Hamilton (1931)   show
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US v Certain Lands, City of Louisville (1935)   show
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NYC Housing Authority v Muller (1936)   show
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show Upheld a Michigan city ordinance that prevented an existing non-comforming use to place a second nonconforming structure on the property.  
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People of Tuoky v City of Chicago (1946)   show
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show Upheld the right for the LA planning commission to place conditions on a development during the review process. A nexus existed between the development conditions & protection of public interests.  
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