James S. Holden Co. v. Connor

I dissent from the opinion of Mr. Chief Justice CLARK. The ordinance, quoted in his opinion, was passed after plaintiff acquired the real estate in question. The ordinance may not, in my opinion, be sustained under the police power. It could be sustained under the power of eminent domain if it provided for just compensation to plaintiff. It does not do this, and is, therefore, unconstitutional and void.(a) That one shall not be deprived of property without due process of law, and just compensation therefor, is a fundamental right, guaranteed both by Federal and State Constitutions. The fifth…