Deed Men Walkin’ Can HOAs Save Single-Family Dwelling Districts? Part 1 of 3

In Village of Euclid, Ohio v.
Ambler Realty Co., 272
U.S. 365 (1926), Justice
George Sutherland wrote:
“With particular reference
to apartment houses, it is
pointed out that the development of detached house sections
is greatly retarded by the coming
of apartment houses, which has
sometimes resulted in destroying
the entire section for private
house purposes; that in such
sections the apartment house is
a mere parasite constructed in
order to take advantage of the
open spaces and attractive
surroundings created by the residential character of the district.
Moreover, the coming of one
apartment house is followed by
others, interfering by their height
and bulk with the free circulation
of air and monopolizing the rays
of the sun which would otherwise
fall upon the smaller homes,
and bringing, as their necessary
accompaniments, the disturbing
noises incident to increased traffic and business, and the occupation, by means of moving and
parked automobiles, of larger
portions of the streets, thus
detracting from their safety and
depriving children of the privilege of quiet and open spaces for
play, enjoyed by those in more favored localities, — until, finally,
the residential character of the
neighborhood and its desirability
as a place of detached residences
are utterly destroyed. Under
these circumstances, apartment
houses, which in a different
environment would be not only
unobjectionable but highly desirable, come very near to being
nuisances.” 272 U.S. @ 394.