Property II: Class #14 Wednesday 9/26/18 Power Point Presentation National Women’s Health & Fitness Day v. National Pancake Day

Music to Accompany Moore Meat Loaf, Bat Out of Hell (1977) Regular Office Hours: As Scheduled Tomorrow By Appoinrment Only During Break (Feel Free to E-Mail) Zoning Materials for Week after Break Posted by Saturday @ 5 I’ll Complete Info Memos on Chapters 1 & 2 During Break I’ll Make Available Feedback on 2d Written Assignment When Done

Chapter 3: Selected Topics in Zoning

US CONSTITUTIONAL SYSTEM CHAPTER 3 SELECTED TOPICS IN ZONING DQ3.02 & 3.04 EUCLID & DEFERENCE US CONSTITUTIONAL SYSTEM Federal Govt Entirely a Creature of the Document. Only Has Powers Traceable to Explicit Constitutional Provisions States, by Contrast, Have Inherent Power Police Powers: Authority to Regulate to further Health, Safety, Welfare (broadly defined) & Morals State Power Extends Until it Reaches Explicit Limit in Document E.g., Bill of Rights or 14th Amdt E.g., Contrary Grant of Authority to Fed’l Govt

US CONSTITUTIONAL SYSTEM CHAPTER 3 SELECTED TOPICS IN ZONING DQ3.02 & 3.04: EUCLID & & DEFERENCE US CONSTITUTIONAL SYSTEM States Have Inherent Power Police Powers: Authority to Regulate to further Health, Safety, Welfare (broadly defined) & Morals State Power Extends Until it Reaches Explicit Limit in Document For Ordinary Economic Legislation, Fedl Courts Give States Near Total Deference BUT Deference Limited if State Drawing Lines Based on Suspect Classification (like Race or Religion) or If Legislation Arguably Limits a Fundamental Right Like Speech or Marriage)

Can you explain the Court’s analogy to nuisance law on Z4?` CHAPTER 3 SELECTED TOPICS IN ZONING DQ3.02 & 3.04: EUCLID & & DEFERENCE 3.02: What Rationales for Upholding Segregation of Land Uses at the Expense of the Interests of Individual Owners? (Here O alleged 75% loss in value) Sic utere tuo … (Use land in way that doesn’t harm others Z4 2d para) Concern re industrial uses injuring residential (esp. children} Evidence Segregation furhers interests re fire, traffic/accidents If legislative rationale is fairly debatable, defer Some reference to democracy on top of Z5 Can you explain the Court’s analogy to nuisance law on Z4?` Why isn’t nuisance law itself sufficient to handle some or all of the problems the Court addresses?

CHAPTER 3 SELECTED TOPICS IN ZONING DQ3.02 & 3.04: EUCLID & & DEFERENCE 3.02: What Rationales for Upholding Segregation of Land Uses at the Expense of the Interests of Individual Owners? (Here O alleged 75% loss in value) Sic utere tuo … (Z4 2d para) Concern re industrial uses njuring residential Ev Segregation furhers interests re fire, traffic/accidents If legislative rationale is fairly debatable, defer Some reference to democracy on top of Z5 Can you explain the Court’s analogy to nuisance law on Z4?` Why isn’t nuisance law itself sufficient to handle some or all of the problems the Court addresses?

3.04: Famous Defense of Deference on Z4 CHAPTER 3 SELECTED TOPICS IN ZONING DQ3.02 & 3.04: EUCLID & & DEFERENCE 3.04: Famous Defense of Deference on Z4 Apply equally well to HOA?

3.01: Difference between Cumulative & Non- Cumulative Zoning? CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.01: Difference between Cumulative & Non- Cumulative Zoning? Relative Strengths and Weaknesses of Each?

CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.03: Many Q the Court’s Acceptance of the Decision to Separate Apt. Complexes from Other Residences By Contrast, Until Quite Recently. Separating Residential from Commercial or Industrial Uses has been Relatively Non- Controversial

CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.03: Many Q the Court’s Acceptance of the Decision to Separate Apt. Complexes from Other Residences How Does the SCt Defend the Treatment of Apts? (Z6) A) hinder development of detached houses B) interfere w air & light thru bulk C) one followed by more D) increased traffic etc. E) deprive children of privelege of quiet and open spaces for play  What are SCt’s Assuimptions re Apt. Complexes?

CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.03: Many Q the Court’s Acceptance of the Decision to Separate Apt. Complexes from Other Residences Who is Harmed & Benefitted by Segregation iof Single- Family Homes from Apts?

CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.03: Many Q the Court’s Acceptance of the Decision to Separate Apt. Complexes from Other Residences Who is Harmed & Benefitted by Segregation iof Single- Family Homes from Apts? Note distinction betw single family homes & duplex (U-1 v. U-2) TCt said putting duplexes & apts in higher zones was economic segregation. True? OK if true?

CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.05: This is a Lochner Era case & in this period, SCT Majority struck down lots of Progressive Era state legislation as interfering too much with rights of contract and property. Why might the majority have been more comfortable with the Zoning plan at issue here than it was with minimum wage and maximum hour statutes?

CHAPTER 3 SELECTED TOPICS IN ZONING DQs 3.01, 3.03, 3.05 EUCLID & SOCIAL CONSEQUENCES 3.05: This is a Lochner Era case & in this period, SCT Majority struck down lots of Progressive Era state legislation as interfering too much with rights of contract and property. Why might the majority have been more comfortable with the Zoning plan at issue here than it was with minimum wage and maximum hour statutes? Possible Answers Include: Tendency to Support Property Values (in Single Family Homes) “Reciprocity” = Limits on Nearby Lots Create Reciprocal Benefits for Me & You No Loss of Rights for Which O Explicitly Conteracted

This is a Tiny Llmitation in Practice. Both facts very unusual. CHAPTER 3 SELECTED TOPICS IN ZONING DQ3.06 NECTOW As TINY LIMIT ON EUCLID 3.06: Zoning in Nectow is uncostitutional as applied to the Respondent’s Parcel where: Value of parcel reduced to nothing Application to the parcel furthers no Police Powerr interest. This is a Tiny Llmitation in Practice. Both facts very unusual. Qs on Euclid/Nectow

Belle Terre (2010 Population = 792) & Paradise by the Dashboard Light CHAPTER 3 SELECTED TOPICS IN ZONING HOUSEHOLD COMPOSITION & THE RIGHT TO PRIVACY BELLE TERRE & MOORE Belle Terre (2010 Population = 792) & Paradise by the Dashboard Light

DQ3.07-3.09: Belle Terre & Relevant Interests CHAPTER 3 SELECTED TOPICS IN ZONING HOUSEHOLD COMPOSITION & THE RIGHT TO PRIVACY BELLE TERRE & MOORE DQ3.07-3.09: Belle Terre & Relevant Interests 3.07: In Belle Terre, what are the interests … Of the municipality? Of the neighbors? Of the owner? Which interests seem most important to you?