Aesthetics and Zoning: No Longer Mutually Exclusive

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Creator
  • Propst, Luther
    • Affiliation: School of Law, College of Arts and Sciences, Department of City and Regional Planning
Abstract
  • On May 4, 1982, the North Carolina Supreme Court announced an opinion in the case of State v. Jones 305 N.C. 520, 290 S.E. 2d 675 (1982), that reversed its prohibition of land use regulations that are justified solely upon aesthetic considerations. In doing so, the Court brought the law in North Carolina into accord with the view held by a majority of states that have explicitly ruled on the question. This paper will address the questions about the scope of the police power to zone property or to otherwise regulate the use of land following the announced policy reversal of the Jones decision. It will not attempt to define "aesthetic." Instead, the paper will simply discuss the cases in which the court addressed the issue of aesthetics explicitly as a basis for the exercise of police power.
Date of publication
DOI
Resource type
  • Article
Rights statement
  • In Copyright
Journal title
  • Carolina Planning Journal
Journal volume
  • 9
Journal issue
  • 1
Page start
  • 22
Page end
  • 26
Language
  • English
Digital collection
  • Carolina Planning Journal

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