Ambler Realty Co. Zoning found constitutional that restricted the unlimited use of property. D. 1953 Merritt vs Peters. City of Miami sought to bar certain size and location of sign boards. The Supreme Court agreed that it was not questions of morals, health or safety but that the restriction could be upheld on aesthetic grounds. E. 1954 Berman vs. Parker.
Government can condemn under eminent domain property that was then resold.
It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled. F. 1978 Penn Central Transportation Co. vs New York City. The Grand Central terminal was slated for remodeling that would have added a 500 foot tower. ARB rejected design. States and Cities may enact land use restrictions or controls to enhance the quality of life by preserving the character and desirable aesthetic features of a city.