To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library




Village of Euclid v. Ambler Realty Co

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
Font size

Property Law Keyed to Cribbet

Held. Yes. The decision of the lower court is reversed.
The ordinance must find its justification in some aspect of the police power, asserted for the public welfare. The line, which separates the legitimate from the illegitimate exercise of power is not capable of precise demarcation. The court will use the doctrine of nuisance to determine if the zoning ordinance is legitimate.
Although Appellant is a suburb of Cleveland, Ohio, and is concerned with expanding industrial development, Appellant is nonetheless, a separate political entity and has the right to govern itself as it sees fit, so long as it does so within the strictures of the United States Constitution. Thus, as long as the zones of exclusion excluded a nuisance from the other zones, the ordinance was proper.
The court had no difficulty in sustaining the zoning ordinance as a legitimate exercise of police power by the Appellant. The main question, which was one of first impression, is whether the exclusion from residential districts of apartment houses, retail stores and shops was valid.
Since the apartment houses are parasitic in nature, the Appellant was within its rights to exclude them from residential, single-family homes. The desirability of a neighborhood is, in the court’s opinion, greatly diminished by apartment houses.

Discussion. In zone one, only single-family residences are allowed. In order for the zoning ordinance to be valid, the apartment house must be a nuisance, which the Appellant is attempting to exclude from zone one. This court found that apartment houses were a nuisance to single-family houses, and thus, the zoning ordinance was proper.

Additional Resources from Bloomberg Law

Books and Treatises: Subjects

Friedman on Contracts and Conveyances of Real Property
Comprehensive treatise on all aspects of conveying real property, including necessary terms, descriptions, and crucial advice
Real Estate Valuation and Eminent Domain Litigation
Explanation of law and appraisal methodology, including eminent domain valuation, leasehold valuation, contaminated property
Commercial Ground Leases
Definitive guide to drafting, negotiating, and finalizing equitable, error-free leasing documents that minimize the possibility of legal conflicts.
Friedman on Leases
Explains the full range of commercial lease provisions and possible landlord-tenant scenarios
Right to Light (and Heat) Handbook
Provides an understanding of the protections afforded to utility costumers against termination of their services
Holtzschue on Real Estate Contracts and Closings
A resource for how to create residential and commercial real estate contracts

Books and Treatises: State Specific

Connecticut Maine Massachusetts (sales)
Massachusetts (leases) New Hampshire New Jersey
North Carolina Oregon Rhode Island

Property Forms

Database of example deeds, leases, etc.

Real Estate Journal

Legal periodical on Property subjects

Search Court Opinions

Real Property Personal Property Land Use Planning & Zoning
Landlord & Tenant Eminent Domain


All Real Property News Real Estate Multi-Family Properties
Office Properties Retail Properties Industrial Properties
Commercial Real Estate Residential Real Estate

Create New Group

Casebriefs is concerned with your security, please complete the following