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ZAHN et al. v. BOARD OF PUBLIC WORKS et al.

Supreme Court of the United States1927-05-16No. No. 196
274 U.S. 32571 L. Ed. 107447 S. Ct. 5941927 U.S. LEXIS 31SCDB 1926-073

Summary

Holding. The judgment of the state supreme court is affirmed. The zoning ordinance is constitutional as applied, and the Court will not overturn the legislative body's reasonable determination that establishing the zone served the public welfare.

Property owners sought a court order to force the Board of Public Works to issue a building permit for a business structure on their lot in Los Angeles. The city's zoning ordinance divided the area into five districts and restricted the owners' property, located in zone "B," to residential, educational, religious, and similar uses, while prohibiting private business buildings except medical offices. The owners challenged the ordinance as violating constitutional protections of due process and equal protection.

The Court upheld the zoning ordinance against the constitutional challenge. The ordinance's general validity had already been established by recent precedent. Examining the specific circumstances, the Court found that when the city adopted the ordinance, the neighborhood was largely undeveloped but undergoing rapid growth, with only scattered commercial uses present. The city council's decision to designate the area as a residential zone was reasonable given these conditions and the public welfare goals it served. The Court declined to second-guess the legislature's determination, applying the principle that courts will not substitute their judgment for legislative decisions when the matter is debatable.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Constitutional validity of comprehensive zoning ordinances under due process and equal protection
  • Judicial deference to local legislative zoning decisions
  • Whether property restrictions based on zoning classification are arbitrary or reasonably serve public welfare

Procedural posture

A mandamus action brought in state court to compel issuance of a building permit was denied by the California Supreme Court, and the U.S. Supreme Court granted review.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Mr. Justice Sutherland

delivered the opinion of the Court.

This-is a proceeding in mandamus brought in the state court to compel defendants in error to issue a building permit enabling plaintiffs in error to erect a business building upon a lot lying within a district of the "City .of Los Angeles restricted by the zoning ordinance of that city against buildings of that character. The ordinance creates five zones, designated as “A,”. “ B,” C,” “ D,” and “ E,” respectively, and classifies the kinds of buildings, structures and improvements which may be erected ip each. The ordinance is of the now familiar comprehensive type, but in the main regulates only the character of buildings which lawfully may be erected and does not prescribe height and area limitations. It is assailed as being repugnant to the due process of law and equal protection clauses of the Fourteenth Amendment. The property of plaintiffs in error is in zone “ B,” in which, generally stated, the use is limited to buildings for residential purposes, churches, private clubs, educational and similar purposes. All buildings for private business are excluded, with the exception, of offices of persons practicing medicine. The state supreme court, in a well reasoned opinion, upheld the ordinance and denied the relief sought. 195 Cal. 497. And see Miller v. Board of Public Works, 195 Cal. 477.

The constitutional validity of the ordinance in its general scope is settled by the recent decision of this court in Euclid v. Ambler Co., 272 U. S. 365; and upon the record here we find ho warrant for saying that the ordinance is unconstitutional as applied to the facts in the present case. The property of plaintiffs in error adjoins Wilshire Avenue, a main artery of travel through and beyond the city; and if such property were available for business purposes its market value would be greatly enhanced. The lands within the district were, when the ordinance was adopted, sparsely occupied by buildings, those in which, business was carried on being limited, to a few real estate offices, a grocery store, a market, a fruit stand, and a two-story business block. Much of the land adjoining the boulevard within the restricted district had already been sold with restrictions against buildings, for business purposes, although the property of plaintiffs in error and the adjacent property had not been so restricted. The effect of the evidence is to show that the entire neighborhood, at the time of the passage of the zoning ordinance, was largely unimproved, but in course of rapid development. The Common Council of the city, upon these and other facts, concluded that the public welfare would be promoted by constituting the area, including the property of plaintiffs in error, a zone “B” district; and it is impossible for us to say that their conclusion in that respect was clearly arbitrary and unreasonable. The most that can be said is that whether that determination was an unreasonable, arbitrary or unequal exercise of power is fairly debatable. In such circumstances, the settled rule of this court is that it will not: substitute its judgment for that of the legislative body charged with-the primary duty and, responsibility of determining the question. Euclid v. Ambler Co., supra, 388, 395; Radice v. New York, 264 U. S. 292, 294; Hadacheck v. Los Angeles, 239 U. S. 394, 408-412, 413-414; Cusack Co. v. City of Chicago, 242 U. S. 526, 530-531; Rast v. Van Deman & Lewis, 240 U. S. 342, 357; Price v. Illinois, 238 U. S. 446, 452.

Judgment affirmed..