Hamer v. Town of Ross

While zoning ordinances which impose a one-acre lot restriction cannot properly apply to property which is virtually surrounded by parcels of lesser size, they may, conversely, restrict the use of the property to a single-family dwelling because that usage is the predominant characteristic of the property in the general area. Applying the accepted test that we will uphold such a regulation if its reasonableness is fairly debatable, we sustain the single-family restriction. We further hold that the ordinances may severably be enforced as to the single-family restriction although not as to the…