Brief Fact Summary. Village restricted land use to one-family dwellings and prohibited lodging, boarding, apartment, fraternity or any multi-family use. Ordinance defined family as only those related by blood, adoption or marriage or no more than 2 unrelated persons. Six unrelated university students living together challenged the ordinance.
Synopsis of Rule of Law. Regulation of household composition was permissible under the police power which encompasses health, safety and welfare and my strive to lay out “zones of family values,” “quite seclusion” and “clean air.”
Issue. Whether ordinance is unconstitutional as a restriction on the right to travel, the right to settle within a state, right to privacy?
Held. The ordinance is a legitimate guideline under the police power. Such a power is not confined to health hazards but may also promote family values, quiet space and clean air by reduced traffic. Court acknowledges that the types of housing that are excluded under the ordinance pose unique urban problems such as traffic, crowding and parking that the village could validly seek to eliminate.
It may indeed be the most essential function performed by local government, for it is one of the primary means by which we protect that sometimes difficult to define concept of quality of life.View Full Point of Law