VILLAGE OF BELLE TERRE V. BORAAS
416 U.S. 1 (1974)
NATURE OF THE CASE: This was an appeal from a judgment invalidating a zoning ordinance.
FACTS: The Belle Terre (D) restricted land use to single family dwellings. D was a small
village of about 220 homes inhabited by 700 people. D defined a family as one or more
persons related by blood, adoption or marriage, living and cooking together as a single
housekeeping unit, exclusive of household servants; a number of persons but not exceeding
two living and cooking together as a single house-keeping unit though not related by blood
adoption or marriage shall be deemed to constitute a family. Dickman (P) was an owner of a
house in the village. P leased it to Truman and later Borass (P1) became a co lessee. Anne
Parish moved into the house along with three others. P1 and the five other persons were in
violation of the ordinance as they were unrelated to each other and none were married to
each other. They were students at the nearby University at Stoney Brook. D served Ps with an
'Order to Remedy Violations.' Ps brought an action for an injunction, claiming that the
ordinance was unconstitutional in that the ordinance violated their right to free
association and privacy under 42 U.S.C. 1983. The district court ruled that the ordinance
was constitutional and the Court of Appeals reversed. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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