Moore v. City of east Cleveland PDF

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ST. JOHN'S FAMILY LAW I - Professor: Jennifer Baum; Case brief and class notes from casebook titled "Modern Family Law: Cases and Materials" by Weisberg and Appleton...

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FAMILY LAW FALL 2020 CASE BRIEF/LECTURE NOTES

Moore v. City of east Cleveland Facts: East Cleveland’s housing ordinance limits occupancy of a dwelling unit to members of a single family. The ordinance contains an unusual and complicated definitional section that recognizes as a family only a few categories of related individuals. The appellant does not fit the category as a family and therefore convicted of a criminal offense. In 1973, Mrs. Moore received a notice of violation from the city that john was an illegal occupancy and directed there to comply with the ordinance. When she failed to remove him the city filed a criminal charge. The court held the ordinance violated the due process clause because it failed to provide proper notice. a) They were actually related by blood b) In this case, VERY NARROW DEF OF FAMILY! c) What can u do to limit no of ppl living in a house? i) No of square feet per person, require 500 square feet, city is interfering with a family unit and that is of denial of due process and subjects you to strict scrutiny. 2) Oneida Community a) Complex marriage and free love b) Complex marriage, everyone was married to everyone else. c) If a man wanted to have sex with a woman he had to get her permission but from the counsel, and she had the right to say no. d) Was this a family? i) Several hundred ppl, when the children were born, taken into a nursery ii) Was this a family? What wasn’t there? Exclusivity, this concept of complex marriage, in the late 1870s they had to break down into individual families, no problem doing it, bc they said married to whole community, no problem to just be married to one person,...