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2 Zoning Dig. 1 (1950)

handle is hein.journals/planevirw2 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 2 January, 1950 Pages 1-16 THE COURT WILL NOT SUBSTITUTE ITS JUDGMENT The court will not substitute its judgment for that of the legislative body. It would seem that this legal maxim or rule is noted as much for its breach or violation as for its honor - In a number of the cases when this rule is stated, it is followed by a substitution of the court's opinion for that of the local legislative body. The violation of the rule takes place with, The court will not substitute its judgment for that of the local legislative body BUT--. Another legal rule is used to modify the first; Each zoning case will be examined on its own merits, or the court will review the situation to determine whether the legislative or administrative body has acted arbitrarily, il- legally or so unreasonably as to have abused its descretion. It seems to the Editor that the Michigan case involving the Grand Trunk Western Railroad Company, in this issue of the ZONING DIGEST, is a good example. The legislative body of the City of Detroit, representing all of the people, decided that one type of zoning was suitable for a certain area. This zoning was determined, not only in relationship to the particular property involved, but on the basis of the plan for the development of the entire city. The action on zoning was apparently ratified by the legislative body when it took action to acquire some of the property involved for urban redevelopment purposes. In spite of these acts, the Supreme Court said that the zoning was improper. If each case is to be examined upon its own merits and the case involves only the particular parcel of property in litigation, it is quite likely that the court will find for the property owner as against the city unless the court under- stands (as some supreme courts do) that the particular piece Digitized from Best Copy Available

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