Nectow v. City of Cambridge

Nectow v. City of Cambridge, 277 U.S. 183 (1928), was a United States Supreme Court case in which the Court reversed the Massachusetts Supreme Judicial Court ruling, and found that the invasion of the plaintiff's property right was "serious and highly injurious," and that the placement of the locus of the zoning ordinance would not promote the health, safety, convenience or general welfare of the inhabitants of Cambridge.[1] It, along with Euclid v. Ambler, constituted the Supreme Court's case law on zoning until 1974.[2]

Nectow v. City of Cambridge
Argued April 19, 1928
Decided May 14, 1928
Full case nameNectow v. City of Cambridge
Citations277 U.S. 183 (more)
48 S. Ct. 447; 72 L. Ed. 842
Case history
PriorAppeal from Supreme Judicial Court of Massachusetts
Holding
The governmental power to interfere by zoning regulations with the general rights of the land owner by restricting the character of his use cannot be imposed if it does not bear a substantial relation to the public health, safety, morals, or general welfare.
Court membership
Chief Justice
William H. Taft
Associate Justices
Oliver W. Holmes Jr. · Willis Van Devanter
James C. McReynolds · Louis Brandeis
George Sutherland · Pierce Butler
Edward T. Sanford · Harlan F. Stone
Case opinion
MajoritySutherland, joined by unanimous
Laws applied
U.S. Const. amend. XIV

References

  1. Nectow v. City of Cambridge, 277 U.S. 183, 188 (1928).
  2. Tarlock, A. Dan (January 1982). "Euclid Revisited". Land Use Law and Zoning Digest. 34: 4–8 via Hein Online.
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