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Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons
Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons
UF Law Faculty Publications
In Village of Willowbrook v. Olech, the property owner alleged "the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners." The complaint further described the village's demand as "irrational and wholly arbitrary." According to the Seventh Circuit, the property owner could allege an equal protection violation by asserting the state's action was motivated solely by a "spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." On appeal, the Supreme Court agreed, …