landowners have made in this case, is only one of many ways in which a landowner can challenge a limitation on the use of his
or her land.
961 F.2d at 1215-16.
§ 2.06 the
comprehensive zoning ordinance
against a and 2-10.
facial substantive due The Village of Euclid
adopted a comprehensive zoning ordinance that zoned
the area in Euclid, 272
379-84. Id. The
In so doing, it excluded all non-residential Supreme Court noted that the exclusion of
industrial use included "neither offensive nor
even those dangerous."
Id. at 388.
concluded that "[i]t cannot be said that respect 'passes the bounds of reason and
the ordinance in this assumes the character
of a merely arbitrary fiat.'" The Court stated:
If it be a proper exercise of the police power to relegate industrial establishments to localities separated from residential sections, it is not easy to find a sufficient reason for denying the power because the effect of its exercise is to divert an industrial
Village of Euclid, Ohio v. Ambler Realty Co, 272 U.S. 365