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Zoning ordinances - related legal cases

This is by no means a comprehensive list. There are other zoning cases that show how Provo City's limits on the number of singles and the number of renters have gone way beyond the zoning laws that were upheld by the courts. We believe that what Provo City is doing is a violation of the 14th amendment's due process clause -- it is discrimination against singles. We'll include a brief description later of each case and contrast them with Provo City's zoning excesses.

UPDATE:

Zoning is an appropriate use of "police power" against nuisances to health, safety, and the general welfare as the original rulings in the 1920's stated. But Provo City has gone far beyond what the courts originally ruled. I honestly don't think that many city officials have fully read all the cases above. Some of them don't even realize the significance of their favorite case to mention -- Euclid v. Ambler. The Village of Euclid did not restrict occupancy levels based on marital status or family status -- they restricted it based on number of rooms in a house! George Sutherland, a Utah resident, gave the opinions in both that case and in Nectow v. Cambridge in which the court ruled that zoning powers are not unlimited. Yet you have elected officials in Provo referring to Euclid v. Ambler as if it supports their anti-singles position. It most certainly does not! That Supreme Court case only supported zoning based on unbiased limits that apply to everybody in the city.

Roger Brown
updated: June 20, 2007

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