Bar Exam (US) Constitutional law: Question below is based on the following fact situation. The t...

Question

Question below is based on the following fact situation.

The town of Deer Park is less than one square mile in size and located on the exclusive north shore of Lake Michigan. As a result of the increasing northward movement of the population from Chicago, the Deer Park City Council enacted a zoning ordinance in 2004 restricting present and future land use in the town to single-family dwellings, except in the downtown commercial shopping area, and except for a small area in which multi-family dwellings not over 40 feet in height were permitted. In addition, all new construction or exterior modifications of existing buildings required prior approval of an aesthetic control board. The zoning ordinance defined the term "family" to mean only one or more persons related by marriage, blood or adoption, thereby excluding unrelated unmarried persons from residing in a single residence unit. The enabling legislation contained the following provision:

"This enactment is necessary to preserve the physical and social homogeneity of this community, and preserve and protect the quality of life of its citizens."

Luther owns a single-family residence with five bedrooms in Deer Park. Prior to the enactment of the zoning ordinance, Luther leased the premises on a month-to-month basis to Robert and Vernia (who were boyfriend and girlfriend) and three other male law students. The five individuals are all unmarried and attend a nearby law school. Luther now brings suit to enjoin enforcement of the ordinance against himself.

Which of the following is the most accurate statement regarding the constitutionality of the zoning ordinance provision which prohibits unrelated unmarried persons from residing in a single-family residence?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    The zoning ordinance would be declared unconstitutional as violative for the Due Process Clause of the Fourteenth Amendment.
  2. B
    Correct Answer
    The zoning ordinance would be declared unconstitutional as violative of the Equal Protection Clause of the Fourteenth Amendment.
  3. C
    Correct Answer
    The zoning ordinance would be declared unconstitutional as violative of Luther's rights under the Contract Clause.
  4. D
    Correct Answer
    The zoning ordinance would be upheld as constitutional under the state's police power.
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