Welch v. Swasey
Encyclopedia
Welch v. Swasey, 214 U.S. 91
(1909), was a decision by the United States Supreme Court, which held that the statutes of Massachusetts
, chap. 333 of the Acts of 1904, and chap. 383 of the Acts of 1905, limit the height of buildings in a certain quarter of a city, do not violate the Constitution of the United States.
Francis C. Welch owned property in a residential section of Boston
where building height was legislatively limited to 100 feet (30.5 m). In other, more commercial sections of the city, the legislation permitted building height up to 125 feet (38.1 m). After he was denied a permit to construct a 124 feet (37.8 m) building on his property, Welch sued, contending “that the purposes of the acts are not such as justify the exercise of what is termed the police power, because, in fact, their real purpose was of an aesthetic nature, designed purely to preserve architectural symmetry and regular skylines.”
Delivering the opinion of the Court, Justice Rufus Wheeler Peckham
acknowledged Welch's claim that “there is here a discrimination or classification between sections of the city,” but nonetheless adopted a standard of review very deferential to local government. “If the means employed, pursuant to the statute, have no real, substantial relation to a public object which government can accomplish, if the statutes are arbitrary and unreasonable, and beyond the necessities of the case, the courts will declare their invalidity,” wrote Peckham, also expressing that the Court “feels the greatest reluctance in interfering with the well-considered judgments of the courts of a state whose people are to be affected by the operation of the law.”
The reason for this reluctance was the Court's sense that, in such cases, the decision was location specific: “[t]he particular circumstances prevailing at the place or in the state where the law is, to become operative … are all matters which the state court is familiar with; but a like familiarity cannot be ascribed to this court.” Although not entitled to absolute deference, such a state court judgment “is entitled to the very greatest respect, and will only be interfered with, in cases of this kind, where the decision is, in our judgment, plainly wrong.”
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1909), was a decision by the United States Supreme Court, which held that the statutes of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, chap. 333 of the Acts of 1904, and chap. 383 of the Acts of 1905, limit the height of buildings in a certain quarter of a city, do not violate the Constitution of the United States.
Francis C. Welch owned property in a residential section of Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
where building height was legislatively limited to 100 feet (30.5 m). In other, more commercial sections of the city, the legislation permitted building height up to 125 feet (38.1 m). After he was denied a permit to construct a 124 feet (37.8 m) building on his property, Welch sued, contending “that the purposes of the acts are not such as justify the exercise of what is termed the police power, because, in fact, their real purpose was of an aesthetic nature, designed purely to preserve architectural symmetry and regular skylines.”
Delivering the opinion of the Court, Justice Rufus Wheeler Peckham
Rufus Wheeler Peckham
Rufus Wheeler Peckham was an Associate Justice of the Supreme Court of the United States from 1895 until 1909. He was known for his strong use of substantive due process to invalidate regulations of business and property. Peckham's namesake father was also a lawyer and judge, and a congressman...
acknowledged Welch's claim that “there is here a discrimination or classification between sections of the city,” but nonetheless adopted a standard of review very deferential to local government. “If the means employed, pursuant to the statute, have no real, substantial relation to a public object which government can accomplish, if the statutes are arbitrary and unreasonable, and beyond the necessities of the case, the courts will declare their invalidity,” wrote Peckham, also expressing that the Court “feels the greatest reluctance in interfering with the well-considered judgments of the courts of a state whose people are to be affected by the operation of the law.”
The reason for this reluctance was the Court's sense that, in such cases, the decision was location specific: “[t]he particular circumstances prevailing at the place or in the state where the law is, to become operative … are all matters which the state court is familiar with; but a like familiarity cannot be ascribed to this court.” Although not entitled to absolute deference, such a state court judgment “is entitled to the very greatest respect, and will only be interfered with, in cases of this kind, where the decision is, in our judgment, plainly wrong.”
See also
- List of United States Supreme Court cases, volume 214
- Village of Euclid, Ohio v. Ambler Realty Co.Village of Euclid, Ohio v. Ambler Realty Co.Village of Euclid, Ohio v. Ambler Realty Co., , more commonly Euclid v. Ambler, was a United States Supreme Court case argued in 1926...
(1926)