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October 2000

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Subject:
From:
Jody Blanke <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Mon, 23 Oct 2000 11:51:05 -0400
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I know that there was a Supreme Court case (Boraas v. The Village of Belle
Terre, I believe) decided in about 1974.  In it students at SUNY Stony Brook
had challenged a local ordinance prohibiting more than 2 unrelated persons from
living together.  The village had passed the law to prevent groups of students
from getting together and renting houses.  (Belle Terre is a beautiful little
community on a bluff on Long Island's North Shore overlooking the Long Island
Sound - at least it used to be 25 years ago).

The Court upheld the ordinance, with Justice Douglas writing the opinion:

    "A quiet place where yards are wide, people few, and motor vehicles
restricted are legitimate guidelines in a land-use project addressed to family
needs.  The goal is a permissible one"

I remember that, as a student there at the time, I was not happy with the
decision.

Jody

Megan Mowrey wrote:

> An issue was raised during my Legal Environment class, and I would truly
> appreciate any information you may provide on the topic.
> The class was discussing racial restrictive covenants as part of the
> coverage of property law. A student asked, "Is this anything like
> restrictions that prevent sororities from having sorority houses on campus,
> or laws that forbid more than four women from living together on or off
> campus?"
>
> This is a new one for me - I'm new to South Carolina and had never heard of
> a regulation/restriction like this. The students then told me that a house
> that contains more than four women is presumptively considered a house of
> prostitution in South Carolina.
>
> I haven't found the section in the South Carolina code that covers this
> restriction (a colleague did express her belief that the law is still on
> the books). Any one know anything about these laws generally or in South
> Carolina law specifically? Do other communities/states (in the U.S. or
> abroad) have such restrictions? Have they been challenged? (Students also
> claimed that similar restrictions were in place at Duke.)
>
> I appreciate your help and advice!
>
> Best,
> Megan
>
> Megan Mowrey
> Clemson University
> College of Business & Public Affairs
> School of Accountancy & Legal Studies
> 301 Sirrine Hall
> Clemson, South Carolina 29634-1301

--
Jody Blanke
Professor of Computer Information Systems and Law
Stetson School of Business and Economics
Mercer University
3001 Mercer University Drive
Atlanta, Georgia 30341
(678) 547-6313    FAX: (678) 547-6233
E-mail: [log in to unmask]
Web site: ssbea.mercer.edu/blanke

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