Requiring Preservation and Maintenance of Historical District Is Within Zoning Power

Authors

Stephen Roger Kane

Publication Date

3-1977

Document Type

Casenote

Abstract

In Maher v. New Orleans, the U.S. Court of Appeals for the Fifth Circuit considered the constitutionality of a municipal zoning ordinance regulating the preservation and maintenance of a historical district. A three-judge panel held that the New Orleans City Council's Vieux Carre Ordinance was constitutional, since it provided enough objective criteria to determine which buildings in the Vieux Carre had historical and architectural value, and that the ordinance did not unconstitutionally take property, either on its face or as applied to Maher.

Recommended Citation

Kane, Stephen Roger (1977) "Requiring Preservation and Maintenance of Historical District Is Within Zoning Power," Mercer Law Review: Vol. 28: No. 2, Article 19.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol28/iss2/19