This Casenote analyzes the Northern District of California's recent decision in Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), which held that limiting the number of building permits for the purpose of restricting population growth was an unconstitutional infringement on the right to travel, where there is no shortage of municipal facilities to serve the new residence. The Casenote concludes that, although the court had authoritative support for its decision, it may be unwise to use the right to travel to invalidate a local zoning ordinance. Moreover, the right to travel test sets too high and inflexible a standard for local zoning ordinances to meet.
Lane J. Genatowski,
Case Note: ZONING- Population Control in Metropolitan Areas- Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974),
3 Fordham Urb. L.J. 137
Available at: http://ir.lawnet.fordham.edu/ulj/vol3/iss1/7