“For the Contrary View”: Reconsidering the Early Anti-Zoning Decisions

Abstract

When the 1926 Euclid v. Ambler decision found municipal zoning valid under the U.S. Constitution, previous state cases opposing the practice were overruled and subsequently almost forgotten. This investigation analyzes those early State Supreme Court cases to determine systematically the basis of these rejections. After constructing a contextual background of the legal arguments that could have been used by the judges, I assess cases to determine which were used, and find a dominance of concern regarding land use segregation justified by municipalities through an “aesthetics” defense. I conclude by considering links between these cases and current controversies.