Is a local zoning ordinance valid exercise of police power?

California, United States of America


The following excerpt is from Griffin Development Co. v. City of Oxnard, 217 Cal.Rptr. 1, 39 Cal.3d 256, 703 P.2d 339 (Cal. 1985):

Respondent cites Clemons v. City of Los Angeles (1950) 36 Cal.2d 95, 222 P.2d 439 in support of its view that local zoning ordinances restricting size of lots and spaces, and regulating access to public streets, density of use and promoting aesthetic values are valid exercises of the police power and not unconstitutional denials of the right to use one's property. Clemons is entirely distinguishable on the facts. It was not a condominium case. There the property owner was attempting to "cut up" a single parcel of [39 Cal.3d 280] realty with bungalow units on it into several substandard size lots with one bungalow on each. The zoning ordinance passed long after the units [703 P.2d 354] had been built required larger-sized lots.

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