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Landmark Planning Law Cases to 1949.

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Munn v Illinois (1876)   show
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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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show Upheld a Boston law that differentiated height restriction between commercial & residential areas. Determined that height controls were a legitimate excersise of police powers.  
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Eubank v City of Richmond (1912)   show
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Hadacheck v Sebastian   show
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show Upheld law that allowed community members to vote on whether a billboard would be allowed in the neighborhood. Determined erection of billboards could negatively impact community's health, safety, & welfare.  
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Town of Windsor, CT v Whitney (1920)   show
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show Overturned a law which sought to establish building heights & lot lines expressly for "aesthetic considerations" because such concerns do not impact health, safety, & welfare of a community.  
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show Upheld city ordinance which created sepate areas/zones for business & residential areas.  
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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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Dowsey v Kensington (1931)   show
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Welton v Hamilton (1931)   show
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show Overturned a proposed US gov't action to secure lands through condemnation for purpose of cleaning slums as a provision of the National Industrial Recovery Act. Determined the federal gov't has no police powers in local land use concerns.  
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show Upheld a NYC action to condem private property to place city owned & operated housing projects on it. Housing for poor/low income is a legitimate use concern for police powers.  
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Austin v Older (1938)   show
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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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