Hadacheck v. Sebastian
Encyclopedia
Hadacheck v. Sebastian, 239 U.S. 394
(1915), was a case in which the Supreme Court of the United States
held that an ordinance
of Los Angeles, California
prohibiting the manufacturing of brick
s within specified limits of the city did not unconstitutionally deprive the petitioner of his property
without due process of law, or deny him equal protection of the laws.
for the violation of a city ordinance, which prohibited the establishment or operation a brickyard
or brick kiln
, or any manufacture or burning of brick within described limits in the city. Hadacheck was taken into custody by Los Angeles Chief of Police Charles E. Sebastian
, whereupon he filed a petition for habeas corpus
with the California Supreme Court.
In his petition, Hadacheck (who had acquired his property prior to his district's annexation
by the city of Los Angeles) set forth at length his grievances with the ordinance and the decision of the lower court, including inter alia
that his land contained valuable deposits of clay
which were ideal for making bricks, that his land was quite valuable and that he acquired this particular tract for the express purpose of manufacturing bricks, that the ordinance would deprive him of his use of the property and force him to abandon his business, that his business was conducted in such a manner as to emit as little pollution as possible and could not be considered a nuisance
under the California Civil Code
, and that the district described by the ordinance was drawn in such a manner solely to disrupt his business. Hadacheck further alleged an unconstitutional taking by the city, and that the ordinance violated both the California Constitution
and the Fourteenth Amendment to the United States Constitution
.
The California Supreme Court found in favor of the city, accepting the judgment of the legislators. The court held that the business was one which could be lawfully regulated, and the fact that the petitioner began his business prior to the enactment of the ordinance was no defense. The court also discussed the affidavit
s submitted by interested parties which contradicted Hadacheck's assertions that the business was conducted in a sanitary, non-polluting manner.
, writing for a unanimous court, upheld the California Supreme Court's decision, holding that the ordinance was a legitimate use of the police power
. He analogized this case to an earlier one, Reinman v. Little Rock, , which dealt with a similar ordinance banning livery stables. Reinman was distinguishable on the grounds that a livery stable could be moved and operated anywhere, while bricks can only be manufactured where suitable clay
is found. Hadacheck contended that the removal of clay from his land was not physically impossible, but was prohibitively expensive. The Court held that even though relocating the brick factory would be costly, the ordinance did not amount to a complete denial of the use of Hadacheck's property, because the ordinance did not completely deny Hadacheck the use of the clay on his land.
The Court further held that the ordinance did not violate the Equal Protection Clause
of the Fourteenth Amendment. Hadacheck alleged that his business was prohibited while those of his competitors elsewhere were not. The Court responded that just because his business was the first to be shut down, it does not follow that others will not be in the future, thus this issue was beyond the scope of the case.
s under zoning
laws, even though the ordinance in question was simple and primitive in comparison to modern American zoning schemes
. Because of this, the case is commonly discussed in first year constitutional law
and/or property law
classes in American law schools
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1915), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that an ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
of Los Angeles, California
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
prohibiting the manufacturing of brick
Brick
A brick is a block of ceramic material used in masonry construction, usually laid using various kinds of mortar. It has been regarded as one of the longest lasting and strongest building materials used throughout history.-History:...
s within specified limits of the city did not unconstitutionally deprive the petitioner of his property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
without due process of law, or deny him equal protection of the laws.
Facts and procedural history
Petitioner Hadacheck was convicted of a misdemeanorMisdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
for the violation of a city ordinance, which prohibited the establishment or operation a brickyard
Brickyard
A brickyard is a place or yard where the earthen building material called bricks are made, fired, and stored, or sometimes sold or otherwise distributed from.-See also:...
or brick kiln
Kiln
A kiln is a thermally insulated chamber, or oven, in which a controlled temperature regime is produced. Uses include the hardening, burning or drying of materials...
, or any manufacture or burning of brick within described limits in the city. Hadacheck was taken into custody by Los Angeles Chief of Police Charles E. Sebastian
Charles E. Sebastian
Charles Edward Sebastian was the 30th mayor of Los Angeles, California, serving from 1915 to 1916.-Biography:He was born in Farmington, Missouri on March 30, 1873....
, whereupon he filed a petition for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
with the California Supreme Court.
In his petition, Hadacheck (who had acquired his property prior to his district's annexation
Municipal annexation in the United States
Municipal annexation is a process whereby a city government expands the city limits into adjacent areas not already incorporated into cities, villages or other municipalities, and sometimes when they were...
by the city of Los Angeles) set forth at length his grievances with the ordinance and the decision of the lower court, including inter alia
Inter Alia
-Track listing:# Inter Alia# Outfox'd # Righteous Badass # The Altogether feat. Bix, Apt, UNIVERSE ARM and Cal# The Day-to-Daily# Trouble Brewing # The Prestidigitator# The Force...
that his land contained valuable deposits of clay
Clay
Clay is a general term including many combinations of one or more clay minerals with traces of metal oxides and organic matter. Geologic clay deposits are mostly composed of phyllosilicate minerals containing variable amounts of water trapped in the mineral structure.- Formation :Clay minerals...
which were ideal for making bricks, that his land was quite valuable and that he acquired this particular tract for the express purpose of manufacturing bricks, that the ordinance would deprive him of his use of the property and force him to abandon his business, that his business was conducted in such a manner as to emit as little pollution as possible and could not be considered a nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
under the California Civil Code
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California...
, and that the district described by the ordinance was drawn in such a manner solely to disrupt his business. Hadacheck further alleged an unconstitutional taking by the city, and that the ordinance violated both the California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
and the Fourteenth Amendment to the United States Constitution
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
The California Supreme Court found in favor of the city, accepting the judgment of the legislators. The court held that the business was one which could be lawfully regulated, and the fact that the petitioner began his business prior to the enactment of the ordinance was no defense. The court also discussed the affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
s submitted by interested parties which contradicted Hadacheck's assertions that the business was conducted in a sanitary, non-polluting manner.
Decision
Justice McKennaJoseph McKenna
Joseph McKenna was an American politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate Justice of the Supreme Court...
, writing for a unanimous court, upheld the California Supreme Court's decision, holding that the ordinance was a legitimate use of the police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
. He analogized this case to an earlier one, Reinman v. Little Rock, , which dealt with a similar ordinance banning livery stables. Reinman was distinguishable on the grounds that a livery stable could be moved and operated anywhere, while bricks can only be manufactured where suitable clay
Clay
Clay is a general term including many combinations of one or more clay minerals with traces of metal oxides and organic matter. Geologic clay deposits are mostly composed of phyllosilicate minerals containing variable amounts of water trapped in the mineral structure.- Formation :Clay minerals...
is found. Hadacheck contended that the removal of clay from his land was not physically impossible, but was prohibitively expensive. The Court held that even though relocating the brick factory would be costly, the ordinance did not amount to a complete denial of the use of Hadacheck's property, because the ordinance did not completely deny Hadacheck the use of the clay on his land.
The Court further held that the ordinance did not violate the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment. Hadacheck alleged that his business was prohibited while those of his competitors elsewhere were not. The Court responded that just because his business was the first to be shut down, it does not follow that others will not be in the future, thus this issue was beyond the scope of the case.
Historical importance
Hadacheck v. Sebastian was one of the first cases to deal with the issue of regulatory takingRegulatory taking
Regulatory taking refers to a situation in which a government regulates a property to such a degree that the regulation effectively amounts to an exercise of the government's eminent domain power without actually divesting the property's owner of title to the property.-United States law:In common...
s under zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
laws, even though the ordinance in question was simple and primitive in comparison to modern American zoning schemes
Zoning in the United States
Zoning in the United States comprise land use state laws falling under the police power rights that State governments and local governments have the authority to exercise over privately owned real property.-Origins and history:...
. Because of this, the case is commonly discussed in first year constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
and/or property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
classes in American law schools
Law school in the United States
In the United States, a law school is an institution where students obtain a professional education in law after first obtaining an undergraduate degree.Law schools in the U.S...
.
External links
- Excerpt from Environment, Property and Law by Ronald H. Rosenberg, courtesy of Google Book SearchGoogle Book SearchGoogle Books is a service from Google that searches the full text of books that Google has scanned, converted to text using optical character recognition, and stored in its digital database. The service was formerly known as Google Print when it was introduced at the Frankfurt Book Fair in October...