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.