Is a land use regulation that is clearly arbitrary and unreasonable a violation of the Fourteenth Amendment?

California, United States of America


The following excerpt is from City of Chula Vista v. Pagard, 115 Cal.App.3d 785, 171 Cal.Rptr. 738 (Cal. App. 1981):

4 Euclid held land-use regulations violate the Due Process Clause of the Fourteenth Amendment if they are "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare." (272 U.S. at 395, 47 S.Ct. at 121.) The federal cases have emphasized the general welfare is not to be narrowly understood; it embraces a broad range of governmental purposes. (See Berman v. Parker, 348 U.S. 26 (75 S.Ct. 98, 99 L.Ed. 27).) But the cases have not departed from the requirement that the government's chosen means must rationally further some legitimate state purpose.

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