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Exclusionary Zoning and Open Housing: A Brief Judicial History

Paul E. King
Geographical Review
Vol. 68, No. 4 (Oct., 1978), pp. 459-469
DOI: 10.2307/214217
Stable URL: http://www.jstor.org/stable/214217
Page Count: 11
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Since scans are not currently available to screen readers, please contact JSTOR User Support for access. We'll provide a PDF copy for your screen reader.
Exclusionary Zoning and Open Housing: A Brief Judicial
              History
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Abstract

The evolution of exclusionary zoning is reviewed from the first emergence of land use controls at the local level to recent U.S. Supreme Court decisions on the issue. Early conflicts surrounded the delegation of the police power from the states to local municipalities. After 1926, however, zoning became established and was widely applied until 1945. Associated with the rapid suburbanization following World War II exclusionary devises flourished, but after 1965 a changing judicial climate led to the overthrow of numerous ordinances by state courts. This antizoning trend notwithstanding, there is legal precedent for exclusion when it is tied to comprehensive development plans and slow-growth ordinances. Federal courts have taken a very conservative stance on local land use cases, and the conclusion is reached that exclusion will continue as long as local interests outweigh metropolitan or regional concerns.

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