New-York tribune., 1920-11-28
Many Cities i
Adopt N. Y.'s I
Zone Plan
Restriction Of Property Wins
Countrywide Favor: the
Courts in Many States De.
clare 1t a Good Measure
BY Edward Nj. Bass-tt

The city of New York was the ,e.a..
in establishing a building zone o,a;
nance with official maps SHOWING d;n
tricts within which certain uses heioh,.
and sizes of buildings arc probibi,us
st. Louis, Newark, Rochester. Mirw.r
kee, Washington and numerous smsl,s-
cities, including Yonkers and Wbit.
Plains, have followed New York CITY !,
adopting zoning regulations and nsr,
Some cities have made their regulation.
more stringent than New York srs
some have made them more lax. hpt al
have followed the method of ~.
maps, one for use, one for heicht ass
one for size OF future buildin~s AU
have followed New York in placino ~.
regulations under the police nowsr -,
ter obtaining grant of the ,oninv
power from the State Legislature.
Not Constitutional, They Said
In the early days Of zonine IN Nav
York many claimed that such restrte.
tions would be unconstitu,ional snd
that the only way that protective ra
strlctlons could be applied, If at ali
would be under the power of emnert
domain so that each person affected
would be paid for his suppose. damsvs
The coming went ahead, however On
the theory that the community conjJ
prevent chaotic and harmful bui,dinc.
and uses without making money nav
ncnt Just the same az it can prevent
/ epldem.cs or lessen fire hazards with
/ out making payments. Five wear, sro
q r,rn
on the restrictions OF buildings nv r,n.
inequalities. Restrictions In deeds had
been fully and bitterly litigated I hn,
municipal restrictions on buildings vers
novelty. 1t had been decided hv tbs
courts in Boston that new buildinrs
could not exceed 1875 feet on certain
streets and eighty feet on others In
Los Angeles it had been decided bv III.
courts that hrickyaru could be ousted
from a residential district withon-
making payment to the owner.
Ihe numerous zoning ordinances Of
the last four years, including that Of
New York City, have brought abou.
MANY legal decisions. some of them
by the highest courts of the various
states. These decisions nave uniform
~ upheld the zoning ordinances and
have stated over and over again that
who're the regulation was for tho
health, safety and general welfare ~
the community it was not necessary TO
make payment to property owners.
Building zore ordinances throughout
the United States, where passed under
a grant Of authority by the state and
having a relation to the health. safety
morals and general welfare Of the com,
munity, can now be confidently de.
clarcd to be constitutional. and they
will be protected and enforced by th7
courts.
For Good of Commonwealth.
The Massachusetts Leg stature pre-.
pared law empowering all cities anc
towns to pass zoning ordinances, anc
in accordance with constitutional re
gnirement requested the opinion Of tn,
Supreme Judicial Court of that stat
before passing t. In Nav, 1920, th
court handed down 8 decision In whiel
. said that it was not able TO percev
n The proposed law anything contrsr
the fundamental law Of the common
.gcalth
In April, 1920, the Ohio Court o
Common Pleas, passing on case whicl
rose in East Cleveland. held that I
was constitutional tn prevent anart
.'t'''S 'ONoCo ia uISLil lCtS u DrlVAt
homes.
: Zoning Is Valid, Says Court
. The Court Of Appeals OF New Yor
s. State in July. 1920, handed down
decision in a case arising IN New Yor
City, unanimously agreeing with Jus
, ice Mclaughlin. Of that court. who's
opinion In part was es follows:
"The exercise of the police power
: within constitutional limitations de
pends largely upon the discretion an
! rood judgment Of the municipal au
thorities. with which the courts are re
: !uctant to interfere. am @
the opinion that the resolution in CUES
Ton + tie zoning ordinance Of Ne
, York Cityl is 4 valid one"
. The above are but few Of the cour
, decisions which are accumulating /
: support Of zoning. Modern cities wi
. not 90 back to the hap azard, unregu
l7ted and chaotic building condition
which formerly injured home owner'
: apartment house owners and store
| keepers alike, and which encourage
the invasion of harmful uses an
helped to create bliZhtcd district
. Every large city OF the United State
: ,s to-day either work ng under zonin
e ordinance or preparing its data an
.nnps for the establishment Of one.