Busy crowds of people walk across 3rd Avenue in front of rush hour traffic in the East Village neighborhood of Manhattan in New York City.
So, you want to open up a manufacturing plant in the Bronx. You retain a zoning and land use practitioner who determines that the city would not approve such use as-of-right. What is preventing this? The powers of the Zoning Resolution.
In 1926, the same scenario faced Ambler Realty Co., who wanted to construct an industrial plant in the town of Euclid, Ohio. However, Euclid adopted a zoning ordinance that prevented such use on the Ambler Realty parcel. In response, Ambler filed suit that made its way to the U.S. Supreme Court. In this landmark case, the Supreme Court held that zoning laws, if not unreasonable or arbitrary, are a proper function of a municipalities police power. Awesome news for me as a zoning practitioner.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
