AICP Exam - Law Cases Frequently Most Tested Questions and Verified Accurate Answers
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Course
AICP
Institution
AICP
Zoning Cases (Summary)
Welch v. Swasey; (1909) regulate building height.
Eubank v. City of Richmond; (1912) first approved the use of setback regulations
Hadacheck v. Sebastian (1915) regulation of the location of land uses.
Village of Euclid v. Ambler Realty Co. (1926) community beli...
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AICP Exam - Law Cases Frequently Most
Tested Questions and Verified Accurate
Answers
Zoning Cases (Summary)
✓ Welch v. Swasey; (1909) regulate building height.
✓
✓ Eubank v. City of Richmond; (1912) first approved the use of setback regulations
✓
✓ Hadacheck v. Sebastian (1915) regulation of the location of land uses.
✓
✓ Village of Euclid v. Ambler Realty Co. (1926) community believed that there was a threat
of a nuisance, the zoning ordinance should be upheld. Alfred Bettman
✓
✓ Nectow v. City of Cambridge;(1928)
✓ rational basis test to strike down a zoning ordinance. no valid public purpose (e.g., to
promote the health, safety, morals, or welfare of the public).
Before Comprehensive Zoning
✓ Before comprehensive zoning, regulation of land use was based on nuisance laws. Under
common law,
✓ persons with real property are entitled to the quiet enjoyment of their land. If this
enjoyment is interrupted, for example through noise, pollution or odor, the affected party
can claim a nuisance.
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✓ ZONING CASE - The Court established the right of municipalities to regulate building
height. An act in 1905 in Massachusetts enabled the limitation of building heights and the
court held that height discrimination is based on reasonable grounds, is a proper exercise
of the police power of the state, and does not violate the equal protection and due
process clauses of the 14th Amendment.
Eubank v. City of Richmond; U.S. Supreme Court (1912)
✓ ZONING CASE - The state had a statute authorizing cities and towns, among other
things, 'to make regulations concerning the building of houses in the city or town, and in
their discretion, . . . in particular districts or along particular streets, to prescribe and
establish building lines, or to require property owners in certain localities or districts to
leave a certain percentage of lots free from buildings and to regulate the height of
buildings.' The court held that the ordinance was a valid use of police power.
Hadacheck v. Sebastian; U.S. Supreme Court (1915)
✓ ZONING CASE - The Court first approved the regulation of the location of land uses. The
court found that a zoning ordinance in Los Angeles that prohibited the production of
bricks in a specific location did not violate the 14th Amendment Due Process and Equal
Protection clauses of the 14th Amendment of the Constitution.
Village of Euclid v. Ambler Realty Co.; U.S. Supreme Court (1926)
✓ ZONING CASE - The Court found that as long as the community believed that there was
a threat of a nuisance, the zoning ordinance should be upheld. The key question before
the court was whether the Village of Euclid's zoning ordinance violated the Due Process
and Equal Protection clauses of the 14th Amendment of the constitution. The key outcome
of the court was that it upheld modern zoning as a proper use of police power. Alfred
Bettman filed an influential brief with the court.
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