moore east cleveland argued november decided may appellant lives east cleveland ohio home son two grandsons first cousins east cleveland housing ordinance limits occupancy dwelling unit members single family defines family way appellant household qualify appellant convicted criminal violation ordinance conviction upheld appeal claim ordinance unconstitutional appellee city contends ordinance sustained village belle terre boraas upheld ordinance imposing limits types groups occupy single dwelling unit held judgment reversed pp reversed justice powell joined justice brennan justice marshall justice blackmun concluded ordinance deprived appellant liberty violation due process clause fourteenth amendment case distinguishable belle terre supra ordinance affected unrelated individuals ordinance expressly selects certain categories relatives may live together declares others may instance making crime grandmother live grandson pp government intrudes choices concerning family living arrangements usual deference legislature inappropriate must examine carefully importance governmental interests advanced extent served challenged regulation ordinance best tenuous relationship objectives cited city avoiding overcrowding traffic congestion undue financial burden school system pp strong constitutional protection sanctity family established numerous decisions extends family choice involved case confined within arbitrary boundary drawn limits nuclear family essentially couple dependent children appropriate limits substantive due process come drawing arbitrary lines careful respect teachings history solid recognition basic values underlie society griswold connecticut harlan concurring history tradition nation compel larger conception family pp justice stevens concluded limited standard review preserved euclid ambler realty nectow cambridge zoning ordinance declared unconstitutional must shown clearly arbitrary unreasonable substantial relation public health safety morals general welfare appellee city failed totally explain need rule allow homeowner grandchildren live brothers cousins standard appellee city unprecedented ordinance constitutes taking property without due process without compensation pp edward stege argued cause appellant brief francis murtaugh lloyd snyder leonard young argued cause appellee brief henry fischer melvin wulf benjamin sheerer filed brief american civil liberties union et al amici curiae justice powell announced judgment delivered opinion justice brennan justice marshall justice blackmun joined east cleveland housing ordinance like many throughout country limits occupancy dwelling unit members single family ordinance contains unusual complicated definitional section recognizes family categories related individuals family living together home fits none categories appellant stands convicted criminal offense question case whether ordinance violates due process clause fourteenth amendment appellant inez moore lives east cleveland home together son dale moore two grandsons dale john moore jr two boys first cousins rather brothers told john came live grandmother elder younger dale moores mother death early moore received notice violation city stating john illegal occupant directing comply ordinance failed remove home city filed criminal charge moore moved dismiss claiming ordinance constitutionally invalid face motion overruled upon conviction sentenced five days jail fine ohio appeals affirmed giving full consideration constitutional claims ohio denied review noted probable jurisdiction appeal ii city argues decision village belle terre boraas requires us sustain ordinance attacked belle terre like east cleveland imposed limits types groups occupy single dwelling unit applying constitutional standard announced leading case euclid ambler realty sustained belle terre ordinance ground bore rational relationship permissible state objectives one overriding factor sets case apart belle terre ordinance affected unrelated individuals expressly allowed related blood adoption marriage live together sustaining ordinance careful note promoted family needs family values east cleveland contrast chosen regulate occupancy housing slicing deeply family mere incidental result ordinance face selects certain categories relatives may live together declares others may particular makes crime grandmother choice live grandson circumstances like presented city undertakes intrusive regulation family neither belle terre euclid governs usual judicial deference legislature inappropriate long recognized freedom personal choice matters marriage family life one liberties protected due process clause fourteenth amendment cleveland board education lafleur host cases tracing lineage meyer nebraska pierce society sisters consistently acknowledged private realm family life state enter prince massachusetts see roe wade wisconsin yoder stanley illinois ginsberg new york griswold connecticut goldberg concurring white concurring poe ullman harlan dissenting cf loving virginia may anderson skinner oklahoma ex rel williamson course family beyond regulation see prince massachusetts supra government intrudes choices concerning family living arrangements must examine carefully importance governmental interests advanced extent served challenged regulation see poe ullman supra harlan dissenting thus examined ordinance survive city seeks justify means preventing overcrowding minimizing traffic parking congestion avoiding undue financial burden east cleveland school system although legitimate goals ordinance us serves marginally best example ordinance permits family consisting husband wife unmarried children live together even family contains half dozen licensed drivers car time forbids adult brother sister share household even faithfully use public transportation ordinance permit grandmother live single dependent son children even children number dozen yet forces moore find another dwelling grandson john simply presence uncle cousin household need labor point section tenuous relation alleviation conditions mentioned city iii city distinguish cases based meyer pierce points none gives grandmothers fundamental rights respect grandsons brief appellee suggests constitutional right live together family extends nuclear family essentially couple dependent children sure cases expressly consider family relationship presented immediately concerned freedom choice respect childbearing lafleur roe wade griswold supra rights parents custody companionship children stanley illinois supra traditional parental authority matters child rearing education yoder ginsberg pierce meyer supra unless close eyes basic reasons certain rights associated family accorded shelter fourteenth amendment due process clause avoid applying force rationale precedents family choice involved case understanding reasons requires careful attention function due process clause justice harlan described eloquently due process reduced formula content determined reference code best said course decisions represented balance nation built upon postulates respect liberty individual struck liberty demands organized society supplying content constitutional concept necessity rational process certainly one judges felt free roam unguided speculation might take balance speak balance struck country regard history teaches traditions developed well traditions broke tradition living thing decision radically departs long survive decision builds survived likely sound formula serve substitute area judgment restraint full scope liberty guaranteed due process clause found limited precise terms specific guarantees elsewhere provided constitution liberty series isolated points pricked terms taking property freedom speech press religion right keep bear arms freedom unreasonable searches seizures rational continuum broadly speaking includes freedom substantial arbitrary impositions purposeless restraints also recognizes reasonable sensitive judgment must certain interests require particularly careful scrutiny state needs asserted justify abridgment poe ullman supra dissenting opinion appropriate limits substantive due process come drawing arbitrary lines rather careful respect teachings history solid recognition basic values underlie society griswold connecticut harlan concurring see generally ingraham wright nn joint refugee committee mcgrath frankfurter concurring lochner new york holmes dissenting decisions establish constitution protects sanctity family precisely institution family deeply rooted nation history tradition family inculcate pass many cherished values moral cultural means tradition limited respect bonds uniting members nuclear family tradition uncles aunts cousins especially grandparents sharing household along parents children roots equally venerable equally deserving constitutional recognition years millions citizens grown environment surely profited even conditions modern society brought decline extended family households erased accumulated wisdom civilization gained centuries honored throughout history supports larger conception family choice necessity sense family responsibility common close relatives draw together participate duties satisfactions common home decisions concerning child rearing yoder meyer pierce cases recognized entitled constitutional protection long shared grandparents relatives occupy household indeed may take major responsibility rearing children especially times adversity death spouse economic need broader family tended come together mutual sustenance maintain rebuild secure home life apparently happened whether household established personal tragedy choice relatives degree kinship live together may lightly denied state pierce struck oregon law requiring children attend state public schools holding constitution excludes general power state standardize children forcing accept instruction public teachers token constitution prevents east cleveland standardizing children adults forcing live certain narrowly defined family patterns reversed footnotes section provides family means number individuals related nominal head household spouse nominal head household living single housekeeping unit single dwelling unit limited following husband wife nominal head household unmarried children nominal head household spouse nominal head household provided however unmarried children children residing father mother nominal head household spouse nominal head household notwithstanding provisions subsection hereof family may include one dependent married unmarried child nominal head household spouse nominal head household spouse dependent children dependent child purpose subsection dependent person one fifty percent total support furnished nominal head household spouse nominal head household family may consist one individual appellant also claims ordinance contravenes equal protection clause necessary us reach contention brief appellant john father john moore apparently living family least since time trial whether living citation issued dispute ordinance presence probably violation take case city framed citation led prosecution recited john moore home violation ordinance dissenting opinion chief justice suggests moore denied hearing failed seek discretionary administrative relief form variance relief longer available sound reasons requiring exhaustion administrative remedies situations requirement wholly inappropriate party criminal defendant circumstances like present see generally mckart moore defends state prosecution ground ordinance facially invalid issue zoning review board lacks competency resolve event never held general principle exhaustion foreclose criminal defendant asserting constitutional invalidity statute prosecuted see yakus moreover cases denied certain nonconstitutional defenses criminal defendants failure exhaust remedies pursuant statutes implicitly explicitly mandated holding see falbo yakus supra mcgee statutes defendants notice failure pursue available administrative relief might result forfeiture defense enforcement proceeding ohio statute ordinance required exhaustion gave moore warning indeed ohio courts entertained claims perceiving denigration state administrative process according full judicial review euclid held regulations violate due process clause clearly arbitrary unreasonable substantial relation public health safety morals general welfare see nectow cambridge later cases emphasized general welfare narrowly understood embraces broad range governmental purposes see berman parker cases departed requirement government chosen means must rationally legitimate state purpose significant east cleveland another ordinance specifically addressed problem overcrowding see dept agriculture moreno section limits population density directly tying maximum permissible occupancy dwelling habitable floor area even john father remain moore household family stays well within limits explains meyer pierce survived enjoyed frequent reaffirmance substantive due process cases era repudiated including number written meyer pierce justice mcreynolds lochner new york see north dakota pharmacy bd snyder drug stores griswold connecticut black dissenting ferguson skrupa baldwin missouri holmes dissenting gunther cases materials constitutional law ed similar restraint marks approach questions whether asserted substantive right entitled heightened solicitude equal protection clause explicitly implicitly guaranteed constitution san antonio independent school dist rodriguez whether extent guarantee bill rights incorporated due process clause necessary regime ordered liberty duncan louisiana see johnson louisiana opinion powell recent suggestion holding griswold best understood fashion see pollak comment yale due course see griswold reaffirmation continuing obligation test justifications offered state constraints significantly hamper modes individual fulfillment heart free society wisconsin yoder rested holding part constitutional right parents assume primary role decisions concerning rearing children right recognized reflects strong tradition founded history culture western civilization parental role established beyond debate enduring american tradition ginsberg new york spoke right basic structure society griswold connecticut supra struck connecticut anticontraception statute three concurring justices relying ninth fourteenth amendments emphasized traditional relation family relation old fundamental entire civilization goldberg joined warren brennan concurring speaking statute involved griswold justice harlan wrote dissenting poe ullman ere intrusion home much life characteristically place home home derives seat family life integrity life something fundamental found draw protection principles one explicitly granted constitutional right although agrees due process clause substantive content justice white dissent expresses fear recourse history tradition broaden enormously horizons clause post contrary approach grounded history imposes limits judiciary meaningful based abstract formula taken palko connecticut apparently suggested alternative cf duncan louisiana supra rejecting palko formula basis deciding procedural protections required state favor historical approach based legal tradition indeed passage cited justice white dissent accurately reflect ing thrust prior decisions substantive due process post expressly points history tradition source supplying content constitutional concept poe ullman supra harlan dissenting see generally wilkinson white constitutional protection personal lifestyles cornell rev see generally yorburg changing family bronfenbrenner calamitous decline american family washington post recent census reports bear importance family patterns prototypical nuclear family families contained one members years age head household spouse department commerce census population vol pt table comparable figure department commerce census population vol pt table earlier data available cf prince massachusetts spoke broadly family authority state case child reared aunt natural parents told mother john moore died less one year old like uncounted others suffered similar tragedy came live grandmother provide infant substitute mother care establish normal home environment brief appellant justice brennan justice marshall joins concurring join plurality opinion agree constitution powerless prevent east cleveland prosecuting criminal jailing grandmother refusing expel home grandson lived brought since mother death less year old question municipality may constitutionally zone alleviate noise traffic congestion prevent overcrowded unsafe living conditions short enact reasonable restrictions furtherance legitimate objectives east cleveland claims ordinance zoning power license local communities enact senseless arbitrary restrictions cut deeply private areas protected family life east cleveland may constitutionally define family essentially confined parents parents children plurality opinion conclusively demonstrates classifying family patterns eccentric way rational means achieving ends east cleveland claims ordinance ordinance unconstitutionally abridges freedom personal choice matters family life one liberties protected due process clause fourteenth amendment cleveland board education lafleur write underscore cultural myopia arbitrary boundary drawn east cleveland ordinance light tradition american home feature society since beginning nation tradition plurality words uncles aunts cousins especially grandparents sharing household along parents children ante line drawn ordinance displays depressing insensitivity toward economic emotional needs large part society today america nuclear family pattern often found much white suburbia vander zanden sociology systematic approach ed constitution interpreted however tolerate imposition government upon rest us white suburbia preference patterns family living extended family provided generations early americans social services economic emotional support times hardship beachhead successive waves immigrants populated cities remains merely still pervasive living pattern goad brutal economic necessity prominent pattern virtually means survival large numbers poor deprived minorities society compelled pooling scant resources requires compelled sharing household extended form especially familiar among black families may suppose reflects truism black citizens like generations white immigrants victims economic disadvantages worsen compelled abandon extended nuclear living patterns even husband wife households black families compared white families include relatives years old addition couple children black households whose head elderly woman case contrast even striking black households compared counterpart white households include related minor children offspring head household wish understood implying east cleveland enforcement ordinance motivated racially discriminatory purpose record case support implication prominence nuclear families among ethnic racial minority groups including black citizens surely demonstrates extended family pattern remains vital tenet society suffices prohibiting pattern family living means achieving objectives appellee city chosen device deeply intrudes family associational rights historically central today remain central large proportion population moreover sanction drawing family line arbitrary boundary chosen east cleveland surely conflict prior decisions protected extended family relationships private realm family life state enter recognized protected prince massachusetts relationship aunt niece pierce society sisters protection held unconstitutionally abridged liberty parents guardians direct upbringing education children control emphasis added see also wisconsin yoder indeed village belle terre boraas case primarily relied upon appellee actually supports decision belle terre ordinance barred unrelated individuals constituting family zone village took special care brief emphasize ordinance manner inhibit choice related individuals constitute family whether nuclear extended form village perceived choice one constitutionally powerless inhibit brief stated whether extended family leisurely age nuclear family today role family raising training successive generations species makes important dare say social legal institution freedom specifically mentioned bill rights enjoys preferred position law certainly family emphasis supplied brief appellants cited decisions recognized plurality recognizes today choice extended family pattern within freedom personal choice matters family life one liberties protected due process clause fourteenth amendment suggestion variance procedure east cleveland housing code assumes special significance without merit grandmother obligated exhaust administrative remedy defending prosecution ground occupancy ordinance violates equal protection clause euclid ambler realty leading case zoning field expressly held one attacking constitutionality building zoning code need first seek variance rather matter variance irrelevant also municipality constitutionally powerless abridge east cleveland done freedom personal choice related members family live together thus existence variance procedure serves lessen neither irrationality definition family extent intrusion family decisions basis inference city statement hardship variance possibly stipulation probably granted grandmother obtained variance requested one indeed contrary inference supportable deciding prosecute first place city tipped hand discretion exercised event limits discretion board building code appeals grant variances harmony general intent ordinance one legitimate objectives definition family preserve single nuclear family character east cleveland granting grandmother variance excess board powers ordinance furthermore existence escape hatch variance procedure heightens irrationality restrictive definition since application ordinance depends upon family units zoning authorities permit reside together prosecuting authorities choose prosecute disposition analogous situation roe wade instructive texas argued despite rigid narrow statute prohibiting abortions except purpose saving mother life prosecuting authorities routinely tolerated elective abortion procedures certain cases nonconsensual pregnancies resulting rape incest persuaded saved statute chief justice commenting one circumstances placed posture dependence prosecutorial policy prosecutorial discretion concurring opinion similarly grandmother denied opportunity defend criminal prosecution variance procedure holds family hostage vagaries discretionary administrative decisions smith cahoon passed well beyond day illusory escape hatches justify imposition burdens fundamental rights stanley illinois staub city baxley criminal prosecution resulted grandmother conviction sentence prison fine section permits imprisonment six months fine violation provision housing code day violation continues may terms section constitute separate offense brief appellant addition informed appellant counsel oral argument application ordinance sever disrupt relationship moore son disrupt relationship established young john young dale essence sibling type relationship importantly disrupt relationship young john grandmother maternal influence entire life tr oral arg city dispute representations clear case argued outset requiring decision context east cleveland ordinance defines family include addition spouse nominal head household couple childless unmarried children one dependent child married unmarried dependent children one parent nominal head household spouse thus extended family authorized limited sense family essentially confined parents children appellant grandmother charged violating ordinance john lived time grandson dale also living home latter classified unlicensed roomer authorized ordinance live house see report national advisory commission civil disorders kosa nash social ascent catholics social order novak rise unmeltable ethnics yorburg changing family kosa rachiele schommer sharing home relatives marriage family living see gans urban villagers perhaps important least visible difference classes one family structure working class subculture distinguished dominant role family circle specific characteristics family circle may differ widely collateral peer group form west enders hierarchical type irish classical extended family matters distinguishes subculture others family circle wider nuclear family opportunities temptations pressures larger society evaluated terms affect ongoing way life built around circle emphasis original yorburg supra within black quite common several generations parts kin live together one roof often maternal grandmother acknowledged head type household given rise term matrifocal describe black family patterns see scanzoni black family modern society see also anderson pains pleasures old black folks ebony mar see generally frazier negro family lewis changing negro family ginzberg nation children extended family often plays important role rearing young black children whose parents must work many children frequently spend years care extended kin often children given grandparents rear adulthood many children normally grow household absorb influences grandmother grandfather well mother father ladner tomorrow tomorrow black woman extended family many strengths shared nuclear family case histories behind mounting rates delinquency addiction crime neurotic disabilities mental illness senility societies autonomous nuclear families prevail suggest frequent failure develop enduring family ties serious inadequacy individuals societies blitsten world family extended families provide services emotional support always found nuclear family troubles nuclear family industrial societies generally american society particularly stem largely inability type family structure provide certain services performed past extended family adequate health education welfare provision particularly two nonproductive generations modern societies young old increasingly insurmountable problem nuclear family unrelieved sometimes unbearably intense relationship childrearing shared least part others loneliness nuclear family units increasingly turned contracted relatively isolated settings another major problem yorburg supra hill strengths black families estimated least black children live families including foster parents presence male female relatives grandfather grandmother older brother sister uncle aunt male female nonrelatives one adult usually mother present scanzoni supra novak supra hill supra glazer moynihan beyond melting pot ed rainwater yancey moynihan report politics controversy justice stevens concurring judgment judgment critical question presented case whether east cleveland housing ordinance permissible restriction appellant right use property sees fit long original adopted constitution common law protected owner right decide best use property basic right always limited law nuisance proscribes uses impair enjoyment property vicinity question whether individual owner use limited municipality comprehensive zoning plan finally decided century holding euclid ambler realty city use police power abate specific use property proved offensive also create implement comprehensive plan use land community vastly diminished rights individual property owners however totally extinguish rights contrary case expressly recognized broad zoning power must exercised within constitutional limits opinion justice sutherland fused two express constitutional restrictions state interference private property property shall taken without due process public purpose without compensation single standard efore zoning ordinance declared unconstitutional must shown clearly arbitrary unreasonable substantial relation public health safety morals general welfare emphasis added principle applied nectow cambridge basis specific finding made state trial health safety convenience general welfare inhabitants part city affected promoted prohibiting landowner contemplated use held zoning ordinance applied unconstitutional one minor exception nectow decision decision village belle terre boraas review substance zoning ordinances development constitutional limits zoning power therefore taken place hand past half century broad formulations found euclid nectow applied countless situations state courts cases shed revelatory light character zoning ordinance challenged case litigation involving zoning ordinances common although appear almost endless differences language used ordinances contain three principal types restrictions first define kind structure may erected vacant land second require home occupied single housekeeping unit third often require housekeeping unit made persons related blood adoption marriage certain limited exceptions although legitimacy first two types restrictions well settled attempts limit occupancy related persons successful state courts recognized valid community interest preserving stable character residential neighborhoods justifies prohibition transient occupancy nevertheless opinions courts illinois new york new jersey california connecticut wisconsin jurisdictions permitted unrelated persons occupy residences notwithstanding ordinance prohibiting either expressly implicitly occupancy cases delineate extent state courts allowed zoning ordinances interfere right property owner determine internal composition household intrusion basic property right previously gone beyond point ordinance defines family include persons related blood marriage adoption indeed cases margin demonstrate state courts always allowed intrusion penetrate far state decisions upheld zoning ordinances regulated identity opposed number persons may compose household extent ordinances require households remain nontransient units appears precedent ordinance excludes owner relatives group persons may occupy residence permanent basis appear justification restriction owner use property city failed totally explain need rule allow homeowner two grandchildren live brothers cousins since ordinance shown substantial relation public health safety morals general welfare city east cleveland since cuts deeply fundamental right normally associated ownership residential property owner decide may reside property must fall limited standard review zoning decisions preserved euclid nectow standard east cleveland unprecedented ordinance constitutes taking property without due process without compensation reasons concur judgment cited zahn board public works statement rule zahn remains viable today said zoning ordinance whether determination unreasonable arbitrary unequal exercise power fairly debatable circumstances settled rule substitute judgment legislative body charged primary duty responsibility determining question goldblatt town hempstead see example various provisions quoted paraphrased brady superior cal app cal rptr recognized euclid even residential apartments negative impact area homes ften apartment house mere parasite constructed order take advantage open spaces attractive surroundings created dwelling area 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 localities finally residential character neighborhood desirability place detached residences utterly destroyed circumstances apartment houses different environment entirely unobjectionable highly desirable come near nuisances limiting use units like limitations number occupants protects community interest minimizing overcrowding avoiding excessive use municipal services traffic control aspects attractive physical environment see village belle terre boraas see nn supra also professor williams discussion subject excellent treatise zoning law american land planning law types group living fared well ordinances include fraternities schenectady alumni app div sororities cassidy triebel app retirement home designed people kellog joint council women auxiliaries welfare mo commercial therapeutic home emotionally disturbed children browndale international board adjustment institutional uses inconsistent concept include many people normally inhabit dwelling city des plaines trottner illinois faced challenge zoning ordinance group four unrelated young men occupied dwelling violation ordinance provided family consists one persons related blood adoption marriage opinion justice schaefer wrote courts called upon define term family emphasized single housekeeping unit aspect term rather relationship occupants citing cases terms permissible zoning objectives group persons bound together common desire operate single housekeeping unit might thought transient quality affect adversely stability neighborhood depreciate value property ordinance requiring relationship blood marriage adoption regarded tending limit intensity land use might considered group unrelated persons likely generate traffic parking problems equal number related persons none observations reflects universal truth family groups mobile today family units internally stable family groups two cars unfamiliar far intensity use concerned definition present ordinance reference respective spouses persons related blood marriage adoption hardly regarded effective control upon size family units general assembly specifically authorized adoption zoning ordinances penetrate deeply one internal composition single housekeeping unit done opinion read general authority delegated extend far white plains ferraioli appeals new york refused apply ordinance limiting occupancy dwellings related individuals group home licensed state care abandoned neglected children wrote zoning intended control types housing living genetic intimate internal family relations human beings whether family organized along ties blood formal adoptions similarly structured group sponsored state group home consequential meeting test zoning ordinance long group home bears generic character family unit relatively permanent household framework transients transient living conforms purpose ordinance kirsch holding borough manasquan new jersey reviewed complex zoning ordinance designed meet recognized pressing community problem community seaside resort inundated recent summers unruly groups summer visitors renting seaside cottages solve problems excessive noise overcrowding intoxication wild parties immorality resulted group rentals community passed zoning ordinance prohibited seasonal rentals cottages groups families related blood marriage found even though problems severe ordinance preclude many harmless dwelling uses became sweepingly excessive therefore legally unreasonable ibid quoted following language gabe collins realty margate city super similar case equally applicable thus even light legitimate concern municipality undesirable concomitants group rentals experienced margate city presumption validity municipal ordinances satisfied remedy adopted constitutes sweepingly excessive restriction property rights problem sought dealt legal contemplation deprives plaintiffs property without due process kirsch holding supra also quoted approval following statement marino mayor council norwood super compelled new jersey precedent squarely point conclude persons economic personal reasons living together bona fide single housekeeping unit orientation commit zoning violation possible penal consequences related california appellate brady superior cal app cal allowed use dwelling two unrelated students noting erection construction single family dwelling imply building constructed contain central kitchen dining room living room bedrooms constitute single housekeeping unit consequently qualify single family dwelling erected structure need used single housekeeping unit connecticut allowed occupancy large summer home four related families families occupy separate quarters within house used lodging cooking eating facilities common neptune park assn steinberg wisconsin noting letter killeth spirit giveth life corinthians held six priests two lay brothers constituted family use purely residential purposes dwelling violate zoning ordinance missionaries lady lasalette whitefish bay carroll miami beach app robertson western baptist hospital app women kansas city andrew soc kansas city university heights cleveland jewish orphans home village belle terre boraas consistent line state authority chief judge breitel white plains ferraioli supra cogently characterized belle terre decision upholding ordinance one primarily concerned prevention transiency small quiet suburban community wrote group home white plains purposes zoning ordinance temporary living arrangement group college students sharing house commuting nearby school cf village belle terre boraas every year different college students come take place none permanency community characterizes residential neighborhood private homes course community legitimate concerns zoning area use including prevention overcrowding residences prevention traffic congestion community attacks problems restricting composition household using means reasonably related ends seeks achieve see des plaines trottner prevent overcrowding community certainly place limit number occupants household either absolute terms relation available floor space indeed city east cleveland books ordinance requiring minimum amount floor space per occupant every dwelling see nolden east cleveland city ohio misc com pl cuyahoga cty similarly traffic congestion reduced prohibiting parking attack problems use restrictive definition family one noted like burn ing house roast pig larson mayor super narrowly limitation owner grandchildren may reside obviously relevance problems chief justice burger dissenting unnecessary reach difficult constitutional issue case presents appellant deliberate refusal use plainly adequate administrative remedy provided city foreclose pressing constitutional objections city zoning ordinance considerations federalism comity well finite capacity federal courts support position courts hospitals two bodies occupy space time case comes disposed long ago local level takes place might well given case alternative remedy zoning ordinances city east cleveland define term family include head household intimate relatives principally spouse unmarried dependent children excluded definition family hence cohabitation various persons related blood adoption head household obvious purpose city traditional one preserving certain areas family residential communities city established board building code appeals consider variances facially stringent limit necessary alleviate practical difficulties unnecessary hardships secure general welfare substantial justice east cleveland codified ordinances board power grant variances ny person adversely affected decision city official made enforcement zoning ordinance long appeal made board within days notice decision appealed appellant receipt notice violation lawyers made effort apply board variance exempt restrictions ordinance even though situation appears face present precisely kind practical difficulties unnecessary hardships variance procedure intended accommodate appellant counsel claim appellant unaware right go board seek variance attempt made secure relief application board indeed appellant counsel makes claim failure seek variance due anything deliberate decision forgo administrative process favor judicial forum view appellant deliberate bypass variance procedure question arises whether permitted complain unconstitutionality ordinance applies yet required one appellant position utilize available state administrative remedies prerequisite obtaining federal relief experience demonstrated requirement imperative critical overburdening federal courts levels alleviated burden become crisis overload crisis serious threatens capacity federal system function department justice committee revision federal judicial system report needs federal courts committee went describe disastrous effects exploding caseload administration justice overloaded courts mean long delays obtaining final decision additional expense procedures become complex effort handle rush business quality justice must necessarily suffer overloaded courts seeking deliver justice time insofar necessarily begin adjust processes sometimes ways threaten integrity law decisional process district courts delegated tasks magistrates time oral argument steadily cut back practice delivering written opinions declining courts forced add clerks administrative personnel move cases faster faster losing time reflection time deliberate maturation principles basis doctrine exhaustion administrative remedies simply put myers bethlehem shipbuilding long settled rule judicial administration one entitled judicial relief supposed threatened injury prescribed administrative remedy exhausted exhaustion principle asks simply absent compelling circumstances none claimed avenues relief nearest simplest pursued first make unmistakably clear state local governments provide administrative remedial procedures federal forum open unless claimant show either remedy inadequate resort remedies futile utilization available administrative processes mandated complex reasons statutes sometimes provide administrative procedures exclusive remedy even apart statutory command common sense permit simple speedy inexpensive processes administrative machinery sift facts compile complete record benefit reviewing courts exhaustion avoids interruption administrative process allows application agency specialized experience broad discretion granted local entities zoning boards indeed judicial review may seriously hampered appropriate agency chance apply experience exercise discretion make factual record reflecting aspects problem important administrative remedies pursued citizen may win complete relief without needlessly invoking judicial process permits parties resolve disputes relatively informal means far less costly time consuming litigation requiring exhaustion administrative processes courts assured reviewing final agency decisions arrived considered judgment also permits agencies opportunity correct mistakes give discretionary relief short judicial review consistent failure courts mandate utilization administrative remedies growing insistence lawyers demanding broad judicial remedies inevitably undermines administrative effectiveness defeats fundamental public policy encouraging end runs around administrative process apparent without discussion resort local appeals board case furthered policies particularly since exercise informed discretion experience proper agency essence housing code variance procedure encourage litigants bypass simple inexpensive expeditious remedies available doorstep order invoke expensive judicial machinery matters capable resolved local levels suggestion made exhaustion administrative remedies required issues constitutional law one sense argument correct since administrative agencies power decide questions federal constitutional law one right federal constitutional adjudication issue capable resolved less elevated plane indeed concepts faithful adherence imperative avoiding constitutional resolution issues capable disposed otherwise justice brandeis put well related context arguing judicial restraint ashwander tva concurring opinion pass upon constitutional question although properly presented record also present ground upon case may disposed thus case decided either two grounds one involving constitutional question question statutory construction general law decide latter course administrative authority fails afford relief exhaustion pointless judicial relief may available see weinberger salfi long favorable administrative action still possible policies favoring exhaustion mitigated slightest presence constitutional issue see christian supra extent nonconstitutional decision possible administrative level policies reinforced plainly precisely case appearance local city board provided opportunity complete relief without forcing constitutional ruling posture constitutional issues case thus provides additional reason supporting exhaustion requirement also said exhaustion required inflict irreparable injury litigant present case others constitutional claim asserted injury likely include loss destruction substantive rights case presence constitutional questions coupled sufficient showing inadequacy prescribed administrative relief threatened impending irreparable injury flowing delay held sufficient dispense exhausting administrative process instituting judicial intervention aircraft diesel equipment supra every reason require resort administrative remedies individual charged deprived nothing completion administrative proceeding gibson berryhill see natural gas supra schlesinger councilman aircraft diesel equipment supra focus must adequacy administrative remedy desired relief may obtained without undue burdens substantial rights protected process moves forward harm done requiring litigant pursue exhaust remedies calling constitution otherwise trivializes constitutional adjudication case appellant need surrendered asserted constitutional rights order pursue local administrative remedy reason appears appellant sought variance soon notice claimed violation received without altering living arrangements question notice violation gave appellant days within seek variance criminal civil sanctions possibly attached pending outcome proceeding though timely invocation administrative remedy effect appellant asserted rights inflicted irreparable injury present availability relief city ordinance less clear unrealistic expect municipality hold open administrative process years legal enforcement action begun appellant rely current absence administrative relief either justification original failure seek reason accountability failure unreasonable see huffman pursue rule make mockery exhaustion doctrine placing penalty violation case inadequate unclear costly remedies make exhaustion inappropriate board position relating appellant claims fixed administrative review fruitless slightest indication fixed board policy variances prompt application variance granted dispositive case involves criminal rather civil penalties applicability exhaustion principle bar challenges legality prosecutions established even unlike present case substantial felony penalties stake mcgee yakus falbo see mckart far less reason take account criminal nature proceedings misdemeanor penalties involved thus traditional justifications offered support exhaustion principle point toward application doctrine powerful additional reason exhaustion enforced case deal federal judicial review administrative determination subdivision state ohio question federal whether enforce exhaustion state administrative remedies interests federalism comity make analysis strikingly similar appropriate question whether federal courts abstain interference ongoing state judicial proceedings situations federal courts requested act ways lacking deference perhaps harmful important state interests order vindicate rights protected state system well federal cf wisconsin constantineau burger dissenting policies underlying refusals jeopardize important state objectives needlessly huffman pursue supra juidice vail trainor hernandez ante argue strongly action encourages evasion undermining important state interests embodied regulatory procedures state asserts sovereignty administrative process less proceeds judicially federal courts abide standards restraint go well beyond private equity jurisprudence huffman supra cf younger harris proper respect state integrity manifested part dependent reluctance disrupt state proceedings even important federal rights asserted reason state law affords appropriate doorstep vehicle vindication claims underlying rights federal courts called upon unless remedies utilized litigant right force constitutional adjudication eschewing forum adequate nonconstitutional relief possible appellant seeks invoke federal judicial relief make clear finite resources available unless litigant first pursued adequate available administrative remedies doctrine exhaustion administrative remedies long history though salutary effects undisputed often casually neglected due judicial penchant honoring doctrine breach observance part time come insist enforcement doctrine whenever local state remedy adequate asserted rights protected irreparable injury avoided within administrative process federal courts available deal myriad new problems clamoring resolution counsel appellant candidly admitted oral argument moore seek variance case argued failure constitutionally irrelevant tr oral arg thus unpublicized administrative remedy appellant remained unaware became unavailable case course present materially different considerations cf lambert california exhaustion deny limit litigants rights federal forum state administrative agency determinations create res judicata collateral estoppel effects exhaustion state administrative remedies postpones rather precludes assertion federal jurisdiction comment exhaustion state administrative remedies section cases chi rev analysis explains cases allowed persons subject claimed unconstitutional restrictions freedom expression challenge restriction without first applying permit granted moot claim hynes mayor oradell shuttlesworth birmingham staub city baxley instance permit procedure unconstitutional infringement first amendment rights thus cases irreparable injury loss postponement precious first amendment rights concomitant available administrative procedure similarly explicable cases challenge made constitutionality administrative proceedings see freedman maryland public utilities california see christian new york dept labor appellants constitutional due process challenge administrative procedures deferred pending agency action exhaustion situations similarly risk infringement constitutional right administrative process adequate exhaustion purposes administrative remedy need guarantee litigant success merits advance required forum power grant relief capable hearing case objectivity dispatch reason doubt appellant received fair hearing board see parisi davidson public utilities fuel natural gas slattery prentis atlantic coast line first nat bank board county cf schlesinger councilman see generally jaffe judicial control administrative action fuchs prerequisites judicial review administrative agency action ind comment exhaustion state administrative remedies civil rights act ind rev justice stewart justice rehnquist joins dissenting village belle terre boraas considered new york village ordinance restricted land use within village dwellings ordinance defined family include persons related blood adoption marriage lived cooked together unit forbade occupancy group three persons related held ordinance valid effort village government promote general community welfare violate fourteenth amendment infringe rights freedoms protected constitution present case brings us similar ordinance east cleveland ohio one also limits occupancy dwelling unit single family defines family include certain combinations blood relatives question presented view whether decision belle terre controlling whether constitution compels different result east cleveland definition family restrictive us belle terre case city east cleveland residential suburb cleveland ohio enacted comprehensive housing code one section prescribes occupancy dwelling unit shall limited one one family code defines term family follows family means number individuals related nominal head household spouse nominal head household living single unit single dwelling unit limited following husband wife nominal head household unmarried children nominal head household spouse nominal head household provided however unmarried children children residing father mother nominal head household spouse nominal head household notwithstanding provisions subsection hereof family may include one dependent married unmarried child nominal head household spouse nominal head household spouse dependent children dependent child purpose subsection dependent person one fifty percent total support furnished nominal head household spouse nominal head household family may consist one individual january city housing inspector cited moore occupation premises one family received notice violation directing correct situation sixteen months passed city repeatedly complained violation moore request relief board building code appeals although code gives board explicit power grant variance practical difficulties unnecessary hardships shall result strict compliance enforcement provisions ordinance finally may municipal found moore guilty violating occupancy ordinance overruled motion dismiss charge rejecting claim ordinance definition family invalid face constitution ohio appeals affirmed authority village belle terre boraas ohio dismissed moore appeal view appellant claim ordinance question invades constitutionally protected rights association privacy large part answered belle terre decision argument made municipality zone land exclusively occupancy interfere protected rights privacy association rejected contention held ordinance issue involve fundamental right guaranteed constitution right association naacp alabama rights privacy cf griswold connecticut eisenstadt baird belle terre decision thus disposes appellant contentions extent focus blood relationships sons grandsons general notions privacy home suggestion every person constitutional right permanently share residence whomever pleases choices beyond province legitimate governmental intrusion amounts argument made found unpersuasive belle terre sure ordinance involved belle terre prevent blood relatives occupying dwelling decision case therefore foreclose appellant arguments based specifically ties kinship present case nonetheless hold reasons follow existence ties elevate either appellant claim associational freedom claim privacy level invoking constitutional protection suggest biological fact common ancestry necessarily gives related persons constitutional rights association superior unrelated persons misunderstand nature associational freedoms constitution understood protect freedom association constitutionally recognized often indispensable effectuation explicit first amendment guarantees see naacp alabama ex rel patterson bates little rock shelton tucker naacp button railroad trainmen virginia bar kusper pontikes cf edwards south carolina scope associational right least limited constitutional need created obviously every association first amendment purposes serves promote ideological freedom first amendment designed protect association case purpose relating promotion speech assembly press religion wherever outer boundaries constitutional protection freedom association may eventually turn surely extend assert interest gratification convenience economy sharing residence appellant considerably closer constitutional mark asserting east cleveland ordinance intrudes upon private realm family life state enter prince massachusetts several decisions identified specific aspects might broadly termed private family life constitutionally protected state interference see roe wade woman right decide whether terminate pregnancy loving virginia freedom marry person another race griswold connecticut eisenstadt baird right use contraceptives pierce society sisters parents right send children private schools meyer nebraska parents right children instructed foreign language although appellant desire share unit also involves private family life sense desire hardly equated interests protected cases cited ordinance appellant complains impede choice children dictate children nurtured reared ordinance clearly prevent parents living together living unemancipated offspring even though previous cases directly point appellant contends importance extended family american society requires us hold decision share residence grandsons may interfered state decision like decisions involved bearing raising children said aspect family life also entitled substantive protection constitution without pausing inquire far argument extended family might extend agree found fourteenth amendment placed substantive limitation state power regulate rare cases personal interests issue deemed implicit concept ordered liberty see roe wade supra quoting palko connecticut interest appellant may permanently sharing single kitchen suite contiguous rooms relatives simply rise level equate interest fundamental decisions marry bear raise children extend limited substantive contours due process clause beyond recognition appellant also challenges occupancy ordinance equal protection grounds claim city drawn arbitrary irrational distinction groups people may live together family may acknowledging city right preclude one family occupying unit appellant argues purposes occupancy law equally served ordinance prevent sharing residence two sons sons argument misconceives nature constitutional inquiry case one challenged ordinance intrudes upon substantively protected constitutional right business decide whether application particular case seems inequitable even absurd question whether ordinance drafted broadly might served city ends well almost well task rather determine east cleveland ordinance violates equal protection clause constitution performing task must borne mind deal economic social legislation legislatures historically drawn lines respect charge violation equal protection clause law reasonable arbitrary quoting royster guano virginia bears rational relationship permissible state objective reed reed village belle terre boraas line drawn legislature leaves might well included exercise discretion however legislative judicial function ibid omitted viewed light principles think east cleveland definition family offends constitution city undisputed power ordain residential occupancy village belle terre boraas supra euclid ambler realty power plainly carries power say family city defined family include father mother dependent children several close relatives well definition rationally designed carry legitimate governmental purposes identified belle terre opinion police power confined elimination filth stench unhealthy places ample lay zones family values youth values blessings quiet seclusion clean air make area sanctuary people obviously east cleveland might easily perhaps effectively hit upon different definition family line hardly drawn sooner later become target challenge like appellant family included householder grandchildren doubtless hard case orphaned niece nephew appellant suggests family must include blood relatives longtime friends point definition produce hardships cases without materially advancing legislative purpose ordinance also reason hold unconstitutional unless use power interpret constitution sort generalized authority correct seeming inequity wherever surfaces us rewrite ordinance substitute judgment discretion prosecutor elected initiate litigation connection variance provisions east cleveland building code assume special significance show city recognized difficult problems ordinances bound create particular cases provided means solve least section code establishes board building code appeals section provides pertinent part board building code appeals shall determine matters properly presented practical difficulties unnecessary hardships shall result strict compliance enforcement provisions ordinance designated board appeals board shall power grant variances harmony general intent ordinance secure general welfare substantial justice promotion public health comfort convenience morals safety general welfare city say appellant obligated exhaust administrative remedy defending prosecution ground occupancy ordinance violates equal protection clause assessing claim ordinance arbitrary irrational however think existence variance provisions particularly persuasive evidence contrary variance procedure traditional part american law bends straight lines east cleveland ordinances shaping contours respond flexibly hard cases inevitable byproduct legislative linedrawing reasons think ohio courts err rejecting appellant constitutional claims accordingly respectfully dissent east cleveland housing code east cleveland housing code housing code defines dwelling unit group rooms arranged maintained designed occupied single family consisting complete bathroom toilet lavatory tub shower facilities one one complete kitchen kitchenette approved cooking refrigeration sink facilities approved living sleeping facilities facilities shall contiguous rooms used exclusively family authorized persons occupying dwelling unit family suggestion record dwelling unit appellant house also occupied relatives moore notice violation dated january refers carol moore son derik illegal occupants unit point illegal occupancy one units allegedly corrected transferring one occupant unit moore owner house responsible compliance housing code east cleveland housing code illegal occupant however identified city john moore moore grandson record suggests reason named rather dale moore jr occupancy might legal one two grandsons one moore sons together son lived moore code dependent son provided unmarried included east cleveland building code opinion justice powell justice brennan concurring opinion emphasize traditional importance extended family american life fail understand follows residents east cleveland constitutionally prevented following justice brennan calls pattern white suburbia even though choice may reflect cultural myopia point fact east cleveland predominantly negro community negro city manager city commission observation justice holmes quoted belle terre opinion bears repeating legal distinction determined one doubts may night day childhood maturity extremes point fixed line drawn gradually picked successive decisions mark change takes place looked without regard necessity behind line point seems arbitrary might well nearly well little one side seen line point must mathematical logical way fixing precisely decision legislature must accepted unless say wide reasonable mark louisville gas coleman dissenting opinion appellant makes much east cleveland housing code prescribes minimum habitable floor area per person argues municipality chosen establish specific density control ordinance role play obvious however directed preserving character residential area establishing minimum health safety standards justice stevens opinion concurring judgment frames issue terms appellant right use property sees fit ante focusing householder property rights substantially change constitutional analysis ordinance invalid equal protection clause classes people whose occupancy forbids suppose also invalid arbitrary intrusion upon property owner rights live hand ordinance rational attempt promote city interest preserving character neighborhoods young american mini theaters opinion stevens consistent equal protection clause permissible restriction use private property euclid ambler realty nectow cambridge state cases justice stevens discusses answer federal constitutional issue part deal issues concerning proper statutory construction term family indicate state courts reluctant extend ambiguous zoning ordinances nontransient units means establish narrow definitions term family unconstitutional finally justice stevens calls city task failing explain need enacting particular ordinance ante places burden wrong party justice white dissenting fourteenth amendment forbids state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws provisions invoked case attempt invalidate city zoning ordinance emphasis due process clause process justice harlan observed ably insistently argued response felt abuses reviewing power due process clause limited guarantee procedural fairness poe ullman dissenting opinion arguments seemed persuasive justice brandeis holmes whitney california recognized due process clause virtue judicial inclusion exclusion davidson new orleans construed proscribe matters substance well inadequate procedures protect invasion fundamental rights comprised within term liberty whitney california supra justice black also recognized fourteenth amendment substantive well procedural content believing reach extend beyond specific provisions bill rights see adamson california dissenting opinion never embraced idea due process clause empowered courts strike merely unreasonable arbitrary legislation accept justice harlan consistent view see griswold connecticut black dissenting harlan concurring judgment writing length dissent poe ullman supra justice harlan stated essence position follows liberty series isolated points pricked terms taking property freedom speech press religion right keep bear arms freedom unreasonable searches seizures rational continuum broadly speaking includes freedom substantial arbitrary impositions purposeless restraints see allgeyer louisiana holden hardy booth illinois nebbia new york skinner oklahoma concurring opinion schware board bar examiners also recognizes reasonable sensitive judgment must certain interests require particularly careful scrutiny state needs asserted justify abridgment cf skinner oklahoma supra bolling sharpe although regularly proceeds assumption due process clause procedural dimension must always bear mind substantive content clause suggested neither language preconstitutional history content nothing accumulated product judicial interpretation fifth fourteenth amendments suggest point cases overruled process decided illegitimate even unacceptable underline justice black constant reminder colleagues license invalidate legislation thinks merely arbitrary unreasonable one sensitive justice harlan suggestion approach due process clause lead judges roaming large constitutional field griswold connecticut supra one proceeded caution validity state federal legislation challenged name due process clause surely preferred approach ample precedent creation new constitutional rights lead repeat process judiciary including vulnerable comes nearest illegitimacy deals constitutional law little cognizable roots language even design constitution realizing present construction due process clause represents major judicial gloss terms well anticipation framers much underpinning broad substantive application clause disappeared conflict executive judiciary extremely reluctant breathe still substantive content due process clause strike legislation adopted state city promote welfare whenever judiciary unavoidably another part governance country without express constitutional authority ii accepting cases due process clause construed however think evident threshold question due process attack legislation whether challenge procedural substantive whether deprivation life liberty property respect liberty statement justice harlan poe ullman quoted supra accurately reflects thrust prior decisions due process clause triggered variety interests much important others interests included wide range freedoms purely commercial area freedom contract right set one prices wages meyer nebraska supra took characteristically broad view liberty attempted define exactness liberty thus guaranteed term received much consideration included things definitely stated without doubt denotes merely freedom bodily restraint also right individual contract engage common occupations life acquire useful knowledge marry establish home bring children worship god according dictates conscience generally enjoy privileges long recognized common law essential orderly pursuit happiness free men years ago recognized range interests protected procedural due process infinite must look nature interest rather weight determining whether protected interest issue term liberty given broad meaning cases board regents roth constitution free people doubt meaning liberty must broad indeed see bolling sharpe stanley illinois consistent prior cases restrict liberties protected due process clause fundamental interests implicit concept ordered liberty ante palko connecticut phrase taken contrary palko criminal case issue thus whether protected liberty interest stake protective process due interest used quoted standard determine protections bill rights due criminal defendant state within meaning fourteenth amendment think broader view liberty inconsistent foreclosed dicta roe wade paul davis cases assert fundamental liberties given substantive protection may understood merely identifying certain fundamental interests deemed deserving heightened degree protection due process clause seems justice douglas closest mark poe ullman said trouble holdings old definition liberty definition protections guaranteed liberty entertaining inquiries concerning constitutionality social legislation applying standards term liberty therefore given crabbed construction difficulty justice powell apparently concluding appellant case properly asserts liberty interest within meaning due process clause question one liberty vel non rather procedural issue stake issue whether precise interest involved interest one set grandchildren live home entitled substantive protection due process clause ordinance must held invalid iii looking doctrine substantive due process possible invalidity official rule conduct rather procedures enforcing rule see doctrine taking several forms cases differing severity review degree protection offered individual first may merely assure fact duly enacted law proscribes conduct sought prevented sanctioned criminal cases approach exemplified refusal courts enforce vague statutes reasonable person understand forbidding challenged conduct problem second general principle liberty may interfered guise protecting public interest legislative action arbitrary without reasonable relation purpose within competency state effect meyer nebraska test appears require statute restrictive liberty ascertainable purpose represent rational means achieve purpose whatever nature liberty interest involved approach part substantive due process doctrine prevalent earlier century made serious inroads presumption constitutionality supposedly accorded state federal legislation nebbia new york cases west coast hotel parish supra courts came demand far less accord far deference legislative judgments particularly true respect legislation seeking control regulate economic life state nation even legislative judgment economic business matters conclusive beyond judicial inquiry poe ullman supra douglas dissenting case know including ferguson skrupa announced legislation respect longer exists means ends test matter substantive due process law surprising otherwise protected liberty infringed law purpose utility whatsoever course current approach deal gingerly state statute insist challenger bear burden demonstrating unconstitutionality broad category cases substantive review indeed mild similar original thought munn illinois state facts exist justify legislation passes initial test various liberties however require infringing legislation given closer judicial scrutiny respect existence purpose means employed also respect importance purpose relative invaded interest interests appear almost impregnable invasion freedoms speech press religion freedom cruel unusual punishments interests example right association right vote various claims sometimes referred general rubric right privacy also weigh heavily state claims authority regulate category interests understand justice stewart refers implicit concept ordered liberty ante confine reach substantive due process protection interests classify category asserted right share house relatives involved rejects due process claim given premise surely correct cases due process clause extends substantial protection various phases family life none requires claim made sustained believe interest residing one set grandchildren one calls kind heightened protection due process clause say one personal right live rather one grandchildren right implicit ordered liberty brother stewart says extend limited substantive contours due process clause beyond recognition ibid present claim hardly one said neither liberty justice exist sacrificed palko connecticut justice powell apparently construe due process clause protect quite important state regulatory interests right privilege estimate deeply rooted country traditions suggests far expansive charter far less meaningful less confining guiding principle justice stewart use serious substantive due process review deeply rooted traditions country arguable deserve protection due process clause even debatable suggested view broaden enormously horizons clause interest involved measure forbidden regulate courts substantively weighing likely invalidating wide range measures congress state legislatures think appropriate respond changing economic social order moore interest offspring one dependent son live qualifies liberty protected due process clause nature particular interest demands clause satisfied assured challenged proscription product duly enacted promulgated statute ordinance regulation wholly lacking purpose utility ordinance number unmarried children may reside mother number might destructive neighborhood values one additional grandchildren another argument children grandchildren may constitutionally distinguished local zoning ordinance argument remains unpersuasive head household may house spouse parents number unmarried children fourth generation may represented one set grandchildren born dependent child ordinance challenged appellant prevents living sets grandchildren east cleveland area radius three miles population brief appellee ordinance thus denies appellant opportunity live grandchildren particular suburb free parts cleveland metropolitan area power maintain character neighborhood surely limit must placed reach family task legislate might approached problem different manner drafters ordinance trouble concluding normal goals zoning regulation present ordinance serves goals limiting identifiable circumstances number people occupy single household ordinance violate due process clause iv similar reasons equal protection claim must fail since judged strict scrutiny standard employed fundamental interest suspect classification involved see dunn blumstein korematsu somewhat less strict standard craig boren califano webster reed reed royster guano virginia rather generally applicable standard mcgowan maryland constitutional safeguard equal protection clause offended classification rests grounds wholly irrelevant achievement state objective state legislatures presumed acted within constitutional power despite fact practice laws result inequality statutory discrimination set aside state facts reasonably may conceived justify basis already indicated trouble discerning rational justification ordinance permits head household house one two dependent sons children respectfully therefore dissent affirm judgment