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JUSTICE DOUGLAS CITED an earlier conclusion of the court regarding zoning that also held that “it is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.”
Even Justice Marshall, in dissenting, conceded that: “I am in full agreement with the majority that zoning is a complex and important function of the state. It may indeed be the most essential function performed by local government, for it is one of the primary means by which we protect that sometimes difficult to define concept of quality of life.” He just dian’t agree that this was a pertinent point in the case at hand.
To hear some re-zoning and development arguments bandied about these parts in recent years, rules and regulations for an orderly society amount to a denial of freedom. Justice Douglas has presented the case in a far more accurate lights
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