Legal Opinion · Dissent

Bruce Boraas v. The Village of Belle Terre, an Incorporated Municipality

Court of Appeals for the Second Circuit

Decided April 5, 1973No. 372, Docket 72-2040Published

1DissentTimbers, Circuit Judge

In view of the unusual circumstances under which en banc reconsideration of this ease is being denied, I think that in fairness and in the public interest I should state my reasons for dissenting from the denial of en banc reconsideration.

First, in this action involving the right of the 700 residents of the Village of Belle Terre, through their local government, to enact a one-family zoning ordinance, I have already stated in my panel dissent filed February 27, 1973, 476 F.2d at 818, the basis of my disagreement with the decision of the majority in striking down the Village’s zoning ordinance…

2Cases cited12 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  4. Hannah v. LarcheSupreme Court of the United States · 1960
  5. United States v. Emery, Bird, Thayer Realty Co.Supreme Court of the United States · 1915

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