village euclid ohio ambler realty argued october decided november james metzenbaum cleveland ohio appellants newton baker robert morgan cleveland ohio appellee justice sutherland delivered opinion village euclid ohio municipal corporation adjoins practically suburb city cleveland estimated population area square miles greater part farm lands unimproved acreage lies roughly form parallelogram measuring approximately miles way east west traversed three principal highways euclid avenue southerly border clair avenue central portion lake shore boulevard northerly border close proximity shore lake erie nickel plate railroad lies feet north euclid avenue lake shore railroad feet farther north three highways two railroads substantially parallel appellee owner tract land containing acres situated westerly end village abutting euclid avenue south nickel plate railroad north adjoining tract east west laid restricted residential plats upon residences erected november ordinance adopted village council establishing comprehensive zoning plan regulating restricting location trades industries apartment houses houses single family houses etc lot area built upon size height buildings etc entire area village divided ordinance six classes use districts denominated inclusive three classes height districts denominated inclusive four classes area districts denominated inclusive use districts classified respect buildings may erected within respective limits follows restricted single family dwellings public parks water towers reservoirs suburban interurban electric railway passenger stations rights way farming greenhouse nurseries truck gardening extended include dwellings extended include apartment houses hotels churches schools public libraries museums private clubs community center buildings hospitals sanitariums public playgrounds recreation buildings city hall courthouse extended include banks offices studios telephone exchanges fire police stations restaurants theaters moving picture shows retail stores shops sales offices sample rooms wholesale stores hardware drugs groceries stations gasoline oil exceeding gallons storage ice delivery skating rinks dance halls electric substations job newspaper printing public garages motor vehicles stables wagon sheds exceeding five horses wagons motor trucks distributing stations central store commercial enterprises extended include billboards advertising signs permitted warehouses ice ice cream manufacturing cold storage plants bottling works milk bottling central distribution stations laundries carpet cleaning dry cleaning dyeing establishments blacksmith horseshoeing wagon motor vehicle repair shops freight stations street car barns stables wagon sheds five horses wagons motor trucks wholesale produce markets salesroom extended include plants sewage disposal producing gas garbage refuse incineration scrap iron junk scrap paper rag storage aviation fields cemeteries crematories penal correctional institutions insane institutions storage oil gasoline exceed gallons manufacturing industrial operations kind public utility included class use seventh class uses prohibited altogether class district buildings restricted enumerated classes uses say uses class include enumerated preceding class class includes uses enumerated preceding classes addition enumerated uses ordinance provides accessory uses uses customarily incident principal use private garages many regulations provided respect accessory uses height districts classified follows class buildings limited height stories feet class stories feet class feet certain exceptions made case church spires water tanks etc classification area districts districts dwellings apartment houses accommodate one family must least square feet interior lots least square feet corner lots districts area must least square feet interior lots square feet corner lots districts limites square feet respectively districts limits square feet respectively ordinance contains great variety detail provisions respect width lots front side rear yards matters including restrictions regulations use billboards signboards advertising signs single family dwelling consists basement less three rooms bathroom dwelling consists basement less four living rooms bathroom family described detached dwelling occupation two families one principal living rooms first floor second floor appellee tract land comes first strip feet immediately north euclid avenue falls class next feet north remainder uses first feet therefore include apartment houses hotels churches schools public semipublic buildings uses enumerated respect inclusive uses next feet include exclude industries theaters banks shops various uses set forth respect inclusive annexed ordinance made part zone map showing location limits various use height area districts appears three classes overlap one another say example use districts area district former latter height districts plan complicated one better understood inspection map though seem necessary reproduce present purposes lands lying two railroads entire length village area extending distance either side north south average width feet left open slight exceptions industrial uses includes larger part appellee tract approximately area entire village included use districts part village lying south euclid avenue principally districts lands lying north euclid avenue bordering long strip described included districts principally enforcement ordinance intrusted inspector buildings rules regulations board zoning appeals meetings board public minutes proceedings kept authorized adopt rules regulations carry effect provisions ordinance decisions inspector buildings may appealed board person claiming adversely affected decision board given power specific cases practical difficulty unnecessary hardship interpret ordinance harmony general purpose intent public health safety general welfare may secure substantial justice done penalties prescribed violations provided various provisions regarded independent holding provision unconstitutional void ineffective shall affect others ordinance assailed grounds derogation section fourteenth amendment federal constitution deprives appellee liberty property without due process law denies equal protection law offends certain provisions constitution state ohio prayer bill injunction restraining enforcement ordinance attempts impose maintain appellee property restrictions limitations conditions held ordinance unconstitutional void enjoined enforcement proceeding consideration case necessary determine scope inquiry bill alleges tract land question vacant held years purpose selling developing industrial uses especially adapted immediately path progressive industrial development uses market value per acre use limited residential purposes market value excess per acre first feet parcel back euclid avenue unrestricted respect use value per front foot limited residential uses ordinary mercantile business excluded therefrom value excess per front foot specifically averred ordinanceattempts restrict control lawful uses appellee land confiscate destroy great part value enforced accordance terms propective buyers land industrial commercial residential uses metropolitan district cleveland deterred buying part land existence ordinance necessity thereby entailed conducting burdensome expensive litigation order vindicate right use land lawful legitimate purposes ordinance constitutes cloud upon land reduces destroys value effect diverting normal industrial commercial residential development thereof less favorable locations record goes farther show lower found normal reasonably expected use development part appellee land adjoining euclid avenue general trade commercial purposes particularly retail stores like establishments normal reasonably expected use development residue land industrial trade purposes whatever injury inflicted mere existence threatened enforcement ordinance due restrictions respect similar uses perhaps included restrictions respect apartment houses specifically nothing record suggest damage results presence ordinance restrictions relating churches schools libraries public semipublic buildings neither alleged proved may demand part appellee land uses assume existence facts justify injunction upon record respect class restrictions present purposes provisions ordinance respect uses may therefore put aside unnecessary considered also unnecessary consider effect restrictions respect districts since none appellee land falls within class proceed consideration provisions ordinance case made relates first disposing preliminary matter motion made dismiss bill ground complainant appellee made effort obtain building permit apply zoning board appeals relief might done terms ordinance suit premature motion properly overruled effect allegations bill ordinance force operates greatly reduce value appellee lands destroy marketability industrial commercial residential uses attack directed specific provision provisions ordinance entirety assuming premises existence maintenance ordinance effect constitutes present invasion appellee property rights threat continue circumstances equitable jurisdiction clear see terrace thompson pierce society sisters necessary set forth provisions ohio constitution thought infringed question constitutions namely stated appellee ordinance invalid violates constitutional protection right property appellee attempted regulations guise police power unreasonable confiscatory building zone laws modern origin began country years ago recent years urban life comparatively simple great increase concentration population problems developed constantly developing require continue require additional restrictions respect use occupation private lands urban communities regulations wisdom necessity validity applied existing conditions apparent uniformly sustained century ago even half century ago probably rejected arbitrary oppressive regulations sustained complex conditions day reasons analogous justify traffic regulations advent automobiles rapid transit street railways condemned fatally arbitrary unreasonable inconsistency meaning constitutional guaranties never varies scope application must expand contract meet new different conditions constantly coming within field operation changing world impossible otherwise although degree elasticity thus imparted meaning application constitutional principles statutes ordinances giving due weight new conditions found clearly conform constitution course must fall ordinance review similar laws regulations must find justification aspect police power asserted public welfare line field separates legitimate illegitimate assumption power capable precise delimitation varies circumstances conditions regulatory zoning ordinance clearly valid applied great cities might clearly invalid applied rural communities solving doubts maxim utere tuo ut alienum non laedas lies foundation much common low nuisances ordinarily furnish fairly helpful clew law nuisances likewise may consulted purpose controlling helpful aid analogies process ascertaining scope power thus question whether power exists forbid erection building particular kind particular use like question whether particular thing nuisance determined abstract consideration building thing considered apart considering connection circumstances locality sturgis bridgeman ch nuisance may merely right thing wrong place like pig parlor instead barnyard validity legislative classification zoning purposes fairly debatable legislative judgment must allowed control radice new york serious difference opinion respect validity laws regulations fixing height buildings within reasonable limits character materials methods construction adjoining area must left open order minimize danger fire collapse evils overcrowding like excluding residential sections offensive trades industries structures likely create nuisances see welch swasey hadacheck los angeles ann cas reinman little rock cusack city chicago app cas however exclusion general terms industrial establishments may thereby happen offensive dangerous industries excluded neither offensive dangerous share fate happens respect many laws upheld although drawn general terms include individual cases may turn innocuous hebe shaw pierce oil city hope inclusion reasonable margin insure effective enforcement put upon law otherwise valid stamp invalidity laws may also find justification fact fields bad fades good insensible degrees two capable readily distinguished separated terms legislation light considerations prepared say end view sufficient justify general rule ordinance although industries innocent character might fall within proscribed class said ordinance respect bounds reason assumes character merely arbitrary fiat purity extract lynch ed moreover restrictive provisions ordinance particular may sustained upon principles applicable broader exclusion residential districts business trade structures presently discussed said village euclid mere suburb city cleveland industrial development city reached degree extended village obvious course things soon absorb entire area industrial enterprises effect ordinance divert natural development elsewhere consequent loss increased values owners lands within village borders village though physically suburb cleveland politically separate municipality powers authority govern sees fit within limits organic law creation state federal constitutions governing authorities presumably representing majority inhabitants voicing determined industrial development shall cease boundaries course development shall proceed within definitely fixed lines proper exercise police power relegate industrial establishments ities separated residential sections easy find sufficient reason denying power effect exercise divert industrial flow course follow injury residential public left alone another course injury obviated meant however exclude possibility cases general public interest far outweigh interest municipality municipality allowed stand way find difficulty sustaining restrictions kind thus far reviewed serious question case arises provisions ordinance excluding residential districts apartment houses business houses retail stores shops like establishments question involves validity really crux recent zoning legislation namely creation maintenance residential districts business trade every sort including hotels apartment houses excluded upon question thus far spoken decisions state courts numerous conflicting broadly sustain power greatly outnumber deny altogether narrowly limit apparent constantly increasing tendency direction broader view shall attempt review decisions length content citing illustrative sustaining broader view see opinion justices mass inspector buildings lowell stoklosa mass spector building inspector milton mass brett building commissioner brookline mass state city new orleans la lincoln trust williams bldg city aurora burns deynzer city evanston state ex rel houghton state ex rel carter harper ware city wichita miller board public works cal city providence stephens contrary view see goldman crowther md ignaciunas risley law spann city dallas tex evidence decided trend toward broader view significant sime instances state courts later decisions reversed former decisions holding way example compare state ex rel houghton supra sustaining power state ex rel lachtman houghton state ex rel roerig city minneapolis vorlander hokenson denying disapproved houghton case page last decided decisions enumerated first group cited agree exclusion buildings devoted business trade residential districts bears rational relation health safety community grounds conclusion promotion health security injury children others separating dwelling houses territory devoted trade industry suppression prevention disorder facilitating extinguishment fires enforcement street traffic regulations general welfare ordinances aiding health safety community excluding residential areas confusion danger fire contagion disorder greater less degree attach location stores shops factories another ground construction repair streets may rendered easier less expensive confining greater part heavy traffic streets business carried illinois city aurora burns supra pages sustaining comprehensive building zone ordinance dividing city eight districts including exclusive residential districts one two family dwellings churches educational institutions schools said constantly increasing density urban populations multiplying forms industry growing complexity civilization make necessary state either directly public agency sanction limit individual activities greater extent formerly growth development state police power necessarily develops within reasonable bounds meet changing conditions harmless may sometimes brought within regulation prohibition order abate destroy harmful segregation industries commercial pursuits dwellings particular districts city exercised reasonably may bear rational relation health morals safety general welfare community establishment districts zones may among things prevent congestion population secure quiet residence districts expedite local transportation facilitate suppression disorder extinguishment fires enforcement traffic sanitary regulations danger fire contagion often lessened exclusion stores factories areas devoted residences consequence safety health community may promoted exclusion places business residential districts declaration places nuisances suppressed part general plan city territory allotted different uses order prevent least reduce congestion disorder dangers often inhere unregulated municipal development louisiana state city new orleans supra pages said first place exclusion business establishments residence districts might enable municipal government give better police protection patrolmen beats larger therefore fewer residence neighborhoods business neighborhoods place business residence neighborhood furnishes excuse criminal go neighborhood otherwise stranger ban suspicion besides open shops invite loiterers idlers congregate places congregations need police protection second place zoning city residence districts commercial districts matter economy street paving heavy trucks hauling freight places business residence districts require city maintain costly pavement districts required business districts whereas residence districts business establishments excluded cheaper pavement serves purpose considerations economic administration matter police fire protection street paving business establishment likely genuine nuisance neighborhood residences places business noisy apt disturbing night malodorous unsightly apt breed rats mice roaches flies ants etc municipal council deemed reasons suggested substantial reason sufficient reason adopting ordinance question province courts take issue council nothing question wisdom good policy municipal ordinances satisfying majority citizens recourse courts matter zoning received much attention hands commissions experts results investigations set forth comprehensive reports reports bear every evidence painstaking consideration concur view segregation residential business industrial buildings make easier provide fire apparatus suitable character intensity development section increase safety security home life greatly tend prevent street accidents especially children reducing traffic resulting confusion residential sections decrease noise conditions produce intensify nervous disorders preserve favorable environment rear children etc particular reference apartment houses pointed development detached house sections greatly retarded coming apartment houses sometimes resulted destroying entire section private house purposes sections often apartment house mere parasite constructed order take advantage open spaces attractive surroundings created residential character district moreover coming one apartment house followed others interfering height bulk free circulation air monopolizing rays sun otherwise fall upon smaller homes bringing necessary accompaniments disturbing noises incident increased traffic business occupation means moving parked automobiles larger portions streets thus detracting safety depriving children privilege quiet open spaces play enjoyed favored finally residential character neighborhood desirability place detached residences utterly destroyed stances apartment houses different environment entirely unobjectionable highly desirable come near nuisances reasons thus summarized demonstrate wisdom sound policy respects restrictions indicated pertinent inquiry least reasons sufficiently cogent preclude us saying must said ordinance declared unconstitutional provisions clearly arbitrary unreasonable substantial relation public health safety morals general welfare cusack city chicago supra pages jacobson massachusetts ann cas true ever provisions set forth ordinance tedious minute detail come concretely applied particular premises including appellee particular conditions considered connection specific complaints even many may found clearly arbitrary unreasonable equitable remedy injunction sought upon ground present infringement denial specific right particular injury process actual execution upon broad ground mere existence threatened enforcement ordinance materially adversely affecting values curtailing opportunities market constitute present irreparable injury scrutinize provisions sentence sentence ascertain process piecemeal dissection whether may provisions minor character relating matters administration shown contribute injury complained attacked separately might withstand test constitutionality respect provisions specific complaint made said landowner suffered threatened injury entitles challenge constitutionality turpin lemon railroad commission cases dealt analogous situation act mississippi legislature regulating freight passenger rates intrastate railroads creating supervisory commission attacked unconstitutional suit brought enjoin commission enforcing plaintiff railroad company provisions opinion delivered chief justice waite held chief purpose statute fix maximum charges regulate matters police nature use railroads state sustaining constitutionality statute general scope said details statute may defective invalid deem necessary inquire suit brought prevent commissioners giving effect whatever company quoting approval opinion mississppi said questions may arise necessary disposed leave consideration presented finally commission acted proceedings enforce done questions may arise validity various provisions worthy consideration unable say whole statute invalid relief sought character namely injunction enforcement restrictions limitations conditions ordinance gravamen complaint portion land appellee sold certain ated uses general broad restraints ordinance effect restraint imposed one innumerable provisions ordinance considered apart upon value marketability lands neither disclosed bill evidence afforded basis apart mere speculation upon rest conclusion appreciable effect upon matters circumstances therefore enough us determine ordinance general scope dominant features far provisions involved valid exercise authority leaving provisions dealt cases arise directly involving accordance traditional policy realm constitutional law especially perceived embarrassment likely result attempt formulate rules decide questions beyond necessities immediate issue preferred follow method gradual approach general systematically guarded application extension constitutional principles particular cases arise rather hand attempts establish general rules future cases must fitted process applies peculiar force solution questions arising due process clause constitution applied exercise flexible powers police concerned decree reversed justice van devanter justice mcreynolds justice butler dissent footnotes seemed think frontage property euclid avenue depth feet came district available single family dwellings examination ordinance subsequent amendments comparison terms maps shows clearly however view incorrect appellee brief correctly interpreted ordinance northerly feet thereof immediately adjacent right way new york chicago louis railroad company original ordinance classed territory rest thereof territory amendments ordinance strip feet wide north euclid avenue classed territory strip feet wide next north territory rest parcel nickel plate right way territory