BigBox Stores, Inc., has just purchased 100 acres of land in Happyville. The town, fearful of...

BigBox Stores, Inc., has just purchased 100 acres of land in Happyville. The town, fearful of a huge chain store ruining the economy and putting local retailers out of business, quickly passes an ordinance restricting the size of any new buildings to no more than 5,000 square feet. The typical BigBox store averages approximately 100,000 square feet. Does the town of Happyville have the right to enact a zoning restriction of this nature?

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Expert Solution

-Zoning is the restriction or regulation of a particular property by the local government. Zoning involves the division of the territory based on th character of the land and structures and their fitness for particular use.A municipality's power to enact zoning regulations is derived from the state in an exercise of its police power. Police power is the inherent power of the goverment to act for the welfare of those within the jusrisdiction.

-The power to zoning restrictions is conferred on n municipality by a state enabling statue. Zoning laws are intended to promote the health, safety, welfare, convenience, morals, and prosperity of the community at a large and are meant to enhance the general welfare rather than to improve the economic growth of a particular property owner. They are designed to preserve the character of the community by guiding its future growth.

-When enacting zoning ordiances the municipality takes many factors into considerations like-

Density of population
Site physical attribute of the land
Benefit to the neighbourhood community
transportation
Effect of permitted use of land
Benefit to the public and community at a large

-In the given case the town or the Municipality has passed the zoning ordinace to restrict the use of land only for 5000 sq.ft. The decision has been taken for the benefit of the public or retailer community at a large. The town or the municipality of happyville has the right to enact zoning retrictions on the land for the welfare of the community at a large and for the future growth of the community.

ekkarill92 answered 1 year ago

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