JENKINS
v.
DISTRICT OF COLUMBIA

U.S. | 1978-10-02
No. 78-5185
439 U.S. 809 Supreme Court of the United States (1978) Positive Treatment
Cited by 5 cases

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  • …re to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled. E. g., Veterans of Foreign Wars v. Steamboat Springs, 195 Colo. 44, 575 P. 2d 835, appeal dismissed, 439 U.S. 809, 99 S.Ct. 66, 58 L.Ed.2d 101 (1978); Newman Signs, Inc. v. Hjelle, 268 N.W. 2d 741 (N.D.1978), appeal dismissed, 440 U.S. 901, 99 S.Ct. 1205, 59 L.Ed.2d 449 (1979); Ghaster Properties, Inc. v. Preston, 176 Ohio St. 425, 200 N.E. 2d 328 (1964); Lubbo…
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  • Major Media OF THE Se., Inc. v. City OF Raleigh, 792 F.2d 1269 (4th Cir. 1986)
    …he length of the period and whether the public gain achieved outweighs the private loss suffered by owners of the nonconforming uses.” See Modjestea Sign Studios, Inc. v. Berle, 43 N.Y.2d 468, 402 N.Y.S.2d 359, 373 N.E. 2d 255 (1977), appeal dism’d, 439 U.S. 809, 99 S.Ct. 66, 58 L.Ed.2d 101 (1978). As the district court observed, other courts have held that shorter “amortization” periods were “reasonable.” Several courts have made such determinations on summary judgment. In R.O. Givens, Inc. v. Town of Na…
  • …t [*174] “aesthetics alone is a sufficient justification” for this type of police power regulation. Waynesville, 833 F. 2d at 46; accord Modjeska Sign Studios, Inc. v. Berle, 43 N.Y.2d 468, 402 N.Y.S.2d 359, 373 N.E. 2d 255 (1977), appeal dismissed, 439 U.S. 809, 99 S.Ct. 66, 58 L.Ed.2d 101 (1978); Suffolk Outdoor Advertising Co. v. Hulse, 43 N.Y.2d 483, 402 N.Y.S.2d 368, 373 N.E. 2d 263 (1977), appeal dismissed, 439 U.S. 808, 99 S.Ct. 66, 58 L.Ed.2d 101 (1978). Contrary to Naegele’s contention, the locatio…
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