Village of Belle Terre v. Boraas PDF

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St Johns Law 2020 Family Law Course; Professor Jennifer Baum; Case Brief and Lecture Notes from course materials...

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FAMILY LAW FALL 2020 CASE BRIEF/LECTURE NOTES

Village of Belle Terre v. Boraas—state can restrict nonfamily-students 1) Facts: Belle Terre is a village on LI’s north shore of about 220 homes inhabited by 700 people its total land area is less than 1 square mile. It has restricted land use to one family dwelling excluding lodging houses. Dickmans are owners of a house in the village and leased it in December for a term of 18 months to Truman. Later bruse became a colesee. Then Anne parish moved in tot eh house along with 3 others. These six are students at nearby state university and are not related by blood, adoption, or marriage. 2) There was a local ordinance that restricted them considering a family. a) Permanence is missing from this definition, there is no suggestion that permanence is a requirement in this case, b) In this case, it was the individual v. the gov’t and came down on gov’t side was shocking for justice Jackson. c) How far can the state go in regulating a family? d) The court is saying ppl related by blood adopting or marriage, what is universally recognized is dif from self created units and state has the right under the police power and restrictions on the nonfamily the state can define the family anyway it wants in this circumstances. e) Court said that is okay, doesn’t really give reasons, what might some of the reasons be for allowing a municipality or government to restrict nonconsensual units? everyone agrees this is a family. i) Less traditional family --more noise, more parties, ii) Property values do not want all the frat kids iii) Traffic, more cars, more traffic more use of municipal services iv) Cost the village more, f) How can village define family, and here it chose to define family in a limited manner? i) Village of belle Terre did not care about permanence when the village is defining family, can these two cases be reconciled? ii) SC said local municipalities could do what they can!

iii) In Glassboro, NJSC was sitting as a state court so not a constitutional issue, NJ decides law for NJ g) Definitions of family, practical manner, in bell Terre the definition does not look the prior cases; two roommates can qualify as a family in belle Terre definition....