The Oyez Project: Economic Activity Issues - Zoning Decisions

Agins v. Tiburon

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Cleburne, TX v. Cleburne Living Center

Did the denial of the permit violate the Equal Protection rights of Cleburne Living Center, Inc. and its potential residents?

In a unanimous judgment, the Court held that the denial of the special use permit to Cleburne Living Centers, Inc. was premised on an irrational prejudice against the mentally retarded, and hence unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. While the Court declined to grant the mentally retarded the status of a "quasi-suspect class," it nevertheless found that the "rational relation" test for legislative action provided sufficient protection against invidious discrimination.

Eastlake v. Forest City Enterprises, Inc.

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Moore v. East Cleveland

Did the housing ordinance violate the Due Process Clause of the Fourteenth Amendment?

The four justices in the plurality held that the ordinance violated Moore's rights as it constituted "intrusive regulation of the family" without accruing some tangible state interest. Justice Stevens joined in the judgment and argued that the ordinance was invalid because, by regulating who could live with Moore, it constituted a taking of property without just compensation.

Village Of Belle Terre v. Boraas

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