Is a land use restriction an exercise of the state's police power to provide for the public health, safety and general welfare?

California, United States of America


The following excerpt is from City of Del Mar v. City of San Diego, 133 Cal.App.3d 401, 183 Cal.Rptr. 898 (Cal. App. 1982):

Land use restriction is a traditional exercise of the state's police power to provide for the public health, safety and general welfare. (Village [133 Cal.App.3d 408] of Euclid v. Ambler Realty Co. (1926) 272 U.S. 365, 388, 47 S.Ct. 114, 118, 71 L.Ed. 303; Miller v. Board of Public Works (1925) 195 Cal. 477, 488, 234 P. 381.) Normally implemented by local government acting as an arm of the state, zoning ordinances have generally been viewed as a matter of local concern.

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