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Housing Law

University of Washington School of Law

Zoning

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The Euclid Proviso, Ezra Rosser Oct 2021

The Euclid Proviso, Ezra Rosser

Washington Law Review

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …


Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis Feb 1975

Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis

Washington Law Review

Six unrelated persons resided in a single dwelling in Belle Terre, New York, in violation of the Village's zoning ordinance. The village is zoned exclusively for one-family dwellings; "family" is defined by the ordinance as: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit [or] a number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. The lessors of the residence were served with notice that failure of …