Exclusionary Zoning Village of Euclid

According to Lees, "zoning --the dogmatic regulation of land use--was an outgrowth of planners' efforts to order the urban environs" and its surrounding aras.

Traditionally, the only legal constraint on the secluded development and exploitation of privately owned real dimension was the fairness of nuisance under which an aggrieved party could go into judicature and claim that his neighbor was violating the maxim of sic utere tuo ut alienum non laedas --i.e. was development his dimension to harm that of his neighbor's and invoke the power of the state to verification the nuisance. The only other limitations, which had their origins in the Magna Charta and English constitutional law, are contained in the Takings Clause of the 5th Amendment and the Due offset and Equal Protection Clauses of the 14th Amendment, which provide, respectively, as follows:

"nor shall private property be taken for public use, without just compensation."

"nor shall any give tongue to deprive any person of . . . property, without due process of law; nor deny to any person within its jurisdiction the tolerable protection of the laws."

The 5th Amendment has been held to apply to the states through the 14th Amendment. dough, Burlington & Quincy hale v. City of Chicago 166 U.S. 226 (1897).

By the turn of the century, some cities (such as Boston) had enacted ordinances limiting building heights. Lo

In her review of 1916-1926 attitudes toward the new zoning laws, Lees points out that some of their critics in conservative and liberal circles were then opposed to their discriminatory effects. arbitrator Philips in the Spann case, a disciple of Cooley's was opposed to legislation "that 'discriminated' in any way, either in favor of the wealthier or in favor of the lower. In his opinion in Euclid, Judge Westenhaver commented at 316 that whizz effect of the Village's zoning ordinance if it were upheld would be "to associate the existence and segregate them according to their income or situation in life." Judge Westenhaver was not concerned about the plight of the poor or minorities; in fact, one statement in his opinion, if it had been do today would have condemned him as a racist.

At 313, he said that "the blighting of property values, and the congesting of population, whenever the colored or certain overseas races invade a residential section, are so fountainhead known as to be within the judicial cognizance."

These issues became oddly relevant after the great post-World War II expanding upon of the suburbs, which resulted in the slum clearance and hollowing out of the midland cities and a growing disparity between standards of living, education and economic opportunities in the impoverished inner cities and the flourishing suburbs on their periphery. According to Haar, by 1990, the suburbs had gained 74 per centum of the population growth since the early 1960s, the inner cities only 14 percent and 46 percent of the population lived in the suburbs as opposed to only 31 percent in the cities. In 1971, 71 percent of all fleck space was in the central cities, by 1990 more than one half was in the suburbs. In only six years, 1980-1986, Chicago lost 40,000 jobs while its suburbs gained 212,000. By the early 1970s, racially regulatory covenants and most other forms of discrimination in housing had been outlawed, unless exclusionary zoning remained unchallenged and intact. The
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