United States Supreme Court Cases & Opinions

U.S. Supreme Court

Gorieb v. Fox, 274 U.S. 603 (1927)

Gorieb v. Fox

No. 799

Submitted April 25, 1927

Decided May 31, 1927

274 U.S. 603

Syllabus

1. Whether a provision of a city ordinance fixing a building line with relation to the location of a specified percentage of existing houses on the block is so vague in its general, or in some particular, applications as to amount to a denial of due process of law is a question which cannot be considered in a case where, upon the special facts, it was definite enough, and where the lot owner had been excepted from the provision by the city council. P. 274 U. S. 605.

Page 274 U. S. 604

2. Reservation of authority in a city council to make exceptions, in cases of exceptional hardship, from a regulation confining the construction of buildings to a building line set back from the street does not violate the Equal Protection Clause. P. 274 U. S. 607.

3. Arbitrary or unfair use of such authority is not to be presumed. P. 274 U. S. 607.

4. State ordinances requiring lot owners, when constructing new buildings, to set them back a reasonable distance from the street lines of their lots may have substantial relation to the public safety, health, morals, and general welfare, and, not being clearly arbitrary or unreasonable, do not deprive the lot owners of their property without due process of law. Eubank v. Richmond, 226 U. S. 137, distinguished. P. 274 U. S. 608.

145 Va. 554 affirmed.

Certiorari (273 U.S. 687) to a judgment of the Supreme Court of Appeals of Virginia, which affirmed a judgment denying the petitioner a writ of mandamus against the City Council of Roanoke.