ABSTRACT

Other than taxes, there is probably no single term or concept that has been subject to more criticism and attack than zoning, yet it has continued not only to survive, but to thrive. This is to be expected, since both deal with the twin great American gods, money and profit. An examination of zoning's history since the day of its inception indicates that, much like the income tax, there have been those dedicated to its demise. From the first attempts at land-use regulation by government, the constitutionality, the reasonableness, and the logic of the public sector exercising any say as to what individuals may or may not do with their property have been questioned. This questioning has supported the economic well-being of many lawyers, kept courts busy, and divided communities into diverse camps of opinion. It seems clear that zoning has survived and has continued to be more broadly used in the face of its controversial nature and will continue to last because it is a necessary element of organized society.