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94
Moore v. East Cleveland
DEFINES FAMILY- FAMILY ZONING
Majority
-Density requirement was satisfied by Ps family
-Strong constitutional protection of sanctity of family extends to family choice involved here
-Not confined w/in arbitrary boundary of nuclear family
Dissent
-Any definition of family would produce hardships in some cases w/out materially advancing the legislative purpose.
-Ordinance not unconstitutional, unless we are to use our power to interpret Constitution as a sort of generalized authority to correct seeming inequity wherever it surfaces.
Majority
-Density requirement was satisfied by Ps family
-Strong constitutional protection of sanctity of family extends to family choice involved here
-Not confined w/in arbitrary boundary of nuclear family
Dissent
-Any definition of family would produce hardships in some cases w/out materially advancing the legislative purpose.
-Ordinance not unconstitutional, unless we are to use our power to interpret Constitution as a sort of generalized authority to correct seeming inequity wherever it surfaces.
