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9. Gambler Realty Company owns 86 acres in the recently incorporated Village of Pythagoras. The Pythagoras Town Council enacted a zoning ordinance, which divided the

9. Gambler Realty Company owns 86 acres in the recently incorporated Village of Pythagoras. The Pythagoras Town Council enacted a zoning ordinance, which divided the land in the village into various classes of use, height, and area districts. The ordinance does not permit apartment houses, hotels, churches, schools or other public or semi-public buildings on any of Gambler's newly zoned lots. However, the zoning on Gambler's lots does allow for light industrial uses, theatres, banks and shops. The effect of the new zoning code prohibiting residential construction on Gambler's lots is to devalue the average price of a lot by 40-50%. Gambler files suit in district court challenging the enforcement of the ordinance as being a deprivation of liberty and property without due process of law and a denial of equal protection of the laws in violation of the Fourteenth Amendment to the United States Constitution. Following relevant U.S. Supreme Court binding precedents, what is the trial court MOST likely to hold with respect to Gambler's claims?

Question 9 options:

a)

The ordinance is a constitutional exercise of the eminent domain power.

b)

The ordinance goes too far and constitutes an unlawful taking under the U.S. Constitution.

c)

The Village must show the restriction imposed on Gambler's lots were designed to prevent a a nuisance.

d)

The ordinance is a constitutional exercise of the police power.

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