Azalea

by | Mar 21, 2018 | Azalea

How Can We Help?
You are here:
< Back

Village of Belle Terre v. Boraas, 416 U.S. 1 (1974), is a United States Supreme Court case in which the Court upheld the constitutionality of a residential zoning ordinance in Belle Terre, New York, allowing a restrictive definition of family that prevented unrelated college students from residing in a single-family dwelling.[1]

Background

The Village of Belle Terre is a village in Long Island, New York. The village only permitted one-family residencies. Six students studying at Stony Brook University rented a home in the village. None of them were related in any way, so their living situation violated the ordinance. The District Court found the ordinance constitutional.[2] The defendants moved out of the house during proceedings.[3]

Second Circuit Decision

The Court of Appeals for the Second Circuit found that the ordinance was unconstitutional and violated the students' rights under the Equal Protection Clause of the 14th Constitutional Amendment.[4] This reversed the District Court's judgement.

Supreme Court Decision

In a 7-2 decision, the Supreme Court ruled in favor of the Village of Belle Terre and found that the ordinance was constitutional.[5]

Majority opinion

William O. Douglas delivered the opinion of the court. The court stated that ordinance involved no procedural disparities or any deprivation of a fundamental right.[3] The court also decided that the tenants moving out during court proceedings was irrelevant.

Dissent

A dissent was delivered by Thurgood Marshall. He believed that the ordinance violated the First Amendment rights to freedom of association.[2]

Dissent

Another dissent was delivered by William J. Brennan Jr. based on the fact that the tenants had moved out and therefore had no cognizable case.

See also

Moore v. East Cleveland, 431 U.S. 494 (1977)

References

  1. ^ Schulman, Sy J.; Hagman, Donald G.; Bair, Fred H. Jr.; Stickel, Fred G. II (1974). "Reports' Comments on Village of Belle Terre v. Boraas". Land Use Law & Zoning Digest. 26 (6): 3–7 – via Hein Online.
  2. ^ a b "Village of Belle Terre v. Boraas, 416 U.S. 1 (1974)". Justia Law. Retrieved June 26, 2024.
  3. ^ a b United States, U.S. Supreme Court (U.S.). Village of Belle Terre v. Boraas. United States Reports, vol. 416, 1 Apr. 1974, pp. 1-20. Library of Congress, tile.loc.gov/storage-services/service/ll/usrep/usrep416/usrep416001/usrep416001.pdf. Accessed 26 June 2024.
  4. ^ "Boraas v. Village of Belle Terre, 476 F.2d 806 | Casetext Search + Citator". casetext.com. Retrieved June 26, 2024.
  5. ^ "Village of Belle Terre v. Boraas". Oyez Project. Chicago-Kent College of Law. Retrieved June 26, 2024.

External links


Categories
Table of Contents