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Keywords

plaintiffstatuteregulation

statutecomplianceregulation

Related Cases

City of Passaic v. Paterson Bill Posting, Advertising & Sign Painting Co., 72 N.J.L. 285, 43 Vroom 285, 62 A. 267, 111 Am.St.Rep. 676, 5 Am.Ann.Cas. 995

Facts

The plaintiff in error was convicted of violating an ordinance of the city of Passaic that prohibited signs or billboards from being more than eight feet above the ground and required them to be at least ten feet from the street line. The billboard in question was erected in 1902, prior to the ordinance's enactment, and there was no evidence presented that it posed a danger to public safety. The court noted that the ordinance effectively deprived the landowner of the lawful use of their property without compensation.

The billboard was erected in 1902, prior to the passage of the act, and the police justice has certified that no evidence was offered of it being dangerous to life or limb because of insecure fastening.

Issue

Did the ordinance regulating the height and location of billboards constitute an unconstitutional taking of private property without just compensation?

Rule

When statutes are intended to provide for public safety, ordinances must be reasonable and comply with their purposes; excessive control over private rights that deprives property owners of their property without just compensation is invalid.

The true rule to be extracted from the cases, and the one abundantly supported by them, is that when statutes are obviously intended to provide for the public safety, and the ordinances prescribed under them are reasonable and in compliance with their purposes, both the statutes and the ordinances are lawful, and must be given due effect.

Analysis

The court analyzed the ordinance in light of its purpose and the evidence presented. It concluded that the ordinance did not address any specific danger posed by the billboard and that the regulation was not reasonably necessary for public safety. The court emphasized that existing customs of building near street lines indicated that such a setback was not required for safety, and the ordinance appeared to be motivated by aesthetic considerations rather than legitimate public safety concerns.

In determining whether a regulation is reasonably necessary to secure the public safety, and therefore within the legitimate exercise of the police power, existing habits and customs are of great weight, and the universal custom of building upon the street line is cogent evidence that the public safety does not require that structures like billboards should be set back from the line.

Conclusion

The Supreme Court reversed the conviction, holding that the ordinance was invalid as it constituted a taking of private property without just compensation and exceeded the necessary regulation for public safety.

The judgment of the Supreme Court should be reversed, and a judgment entered reversing the conviction.

Who won?

The Paterson Bill Posting, Advertising & Sign Painting Company prevailed because the court found that the ordinance unconstitutionally deprived them of the use of their property without compensation.

The Supreme Court held that because the erection of such signs might be attended with danger to the public at times of severe storms or by the public at times of severe ordinance was not without legal authority.

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