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108
Hadacheck
LA ordinance prohibited manufacture of bricks w/in city limits.
Value of brick factory fell from $800,000 to $60,000.
UCCL: USSC police power “one of the most essential powers of government—one that is least limitable.”
Ordinance upheld.
NOXIOUS USE OR NUISANCE TEST: a regulation adopted under the police power to protect the public health, safety, or welfare was not a “taking” as defined by the Fifth Amendment, even if it reduced the value of the property.
Value of brick factory fell from $800,000 to $60,000.
UCCL: USSC police power “one of the most essential powers of government—one that is least limitable.”
Ordinance upheld.
NOXIOUS USE OR NUISANCE TEST: a regulation adopted under the police power to protect the public health, safety, or welfare was not a “taking” as defined by the Fifth Amendment, even if it reduced the value of the property.
