CONSTITUTIONAL LAW - ZONING ORDINANCES PROHIBITING REPAIR OF EXISTING STRUCTURES

Authors

William F. Fratcher, Member of the Detroit barFollow

Abstract

The rapid development and expansion of the zoning movement during the last ten years has been directed mainly toward guiding new construction in accordance with modern ideals of city planning. There has been, however, a concomitant attempt to restrict the use and repair of existing structures which, if built after its passage, would not conform to the provisions of the zoning ordinance. This at first glance may seem only an insignificant part of the whole zoning problem. But when it is considered, from the point of view of city planners, that it is nearly impossible to make a high grade. residence district out of one which contains an existing commercial use, and from the attitude of the owners of existing structures which do not conform to the plan, that curtailment of existing uses may mean the confiscation of large amounts of capital invested in good faith in legitimate enterprises, the attempt assumes importance which amply justifies an examination of its form and its treatment by the courts which have considered it.

Recommended Citation

William F. Fratcher, CONSTITUTIONAL LAW - ZONING ORDINANCES PROHIBITING REPAIR OF EXISTING STRUCTURES, 35 Mich. L. Rev. 642 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss4/9