[DOWNLOAD] "Knowlton Et Al. v. Inhabitants Swampscott" by Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Knowlton Et Al. v. Inhabitants Swampscott
- Author : Supreme Court of Minnesota
- Release Date : January 09, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
RUGG, C. J. This case comes before us on a report after appeal from an interlocutory decree sustaining grounds 3 and 5 and overruling other grounds set forth in the demurrer to the bill. The allegations of the bill in substance are these: The plaintiffs are the owners of a tract of land in the defendant town bounded on the south and west by the Atlantic Ocean, of great value for business uses. It has a special value for hotel purposes, to which it has been devoted for many years. It is of greatly diminished value for residential purposes and there is little or no demand for dwelling houses in the location and the land is unsalable for that use. In 1924, the defendant adopted a zoning by-law whereby the land of the plaintiffs was placed in a general residence district. The land is unsalable and has no valuable use as zoned, but is salable at a large price if available for new structures to be devoted to hotel purposes. Land across the street from the land of the plaintiffs is zoned and occupied for business. Inclusion of the plaintiffs land in the general residence district does not promote the health, safety, convenience and general welfare of the inhabitants in the vicinity, or of the town as a whole, and is not indispensable to the general plan of zoning. The result of the zoning, if allowed to stand, is that the plaintiffs will be deprived of their property in violation of their constitutional rights.