Buhler v. Stone

Respectfully, I dissent on the ground that the challenged ordinance neither comports with substantive nor procedural due process. Specifically, this criminal statute forbids an act in terms so vague that there is an absence of ascertainable standards of guilt, and thus encourages arbitrary and erratic enforcement. The effect of the statute is to grant unfettered discretion to the County Board of Health and its employees to determine what objects or structures are “unsightly.” Those generally implicated by the imprecise terms of the ordinance may be required to comport themselves according to…