Washington Ex Rel. Seattle Title Trust Co. v. Roberge
Headline: Court strikes down neighborhood veto in zoning law and orders permit for a charitable home for the aged, allowing such institutions despite nearby owners’ objections.
Holding: The Court held that a zoning provision giving nearby property owners a final, uncontrolled veto over an otherwise permitted charitable home is an unconstitutional delegation of power and ordered the permit issued.
- Stops neighbors from having an unchecked veto over permitted charitable buildings.
- Requires city official to issue the requested building permit for the elder home.
- Prevents municipalities from giving private owners final, unreviewable power to block buildings.
Summary
Background
A private trustee has long run a small philanthropic home for elderly poor on a five-acre lot near Seattle and wants to replace the old house with a larger, fireproof building to house about 30 residents. A city zoning ordinance placed the land in a "First Residence District" and, after amendment, said a philanthropic home for children or old people is allowed only when written consent is obtained from owners of two-thirds of the property within 400 feet. The city building superintendent refused to issue a permit because the trustee did not have those consents, and state courts upheld that refusal.
Reasoning
The Court addressed whether the ordinance unlawfully lets nearby owners veto a use that the law otherwise permits. The majority explained that the ordinance itself treats a philanthropic home as compatible with the district, so giving a group of private owners uncontrolled power to block the project makes the permission meaningless. Because the owners may refuse for selfish or arbitrary reasons, and there is no official standard or review, the delegation lets private individuals make a final decision that the law should reserve for public authority. The Court found this delegation violates the Constitution’s protection against arbitrary government action and therefore ordered the permit issued.
Real world impact
The decision means the trustee is entitled to the building permit and that cities may not give private neighbors unchecked power to prevent uses the ordinance approves. Charitable organizations, local officials, and homeowners will be affected: municipalities must draft zoning rules with public standards and cannot let private individuals have final, unreviewable veto power. The Court did not decide whether a city could, by a proper public law, exclude such homes entirely from a district.
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