Property

Brief

Moore v. City of East Cleveland

Procedural History:

• Lower court overruled Moore’s motion and convicted.
• Appealed.
• Affirmed.
• Appealed.
• Reversed for Moore.

Facts:

• East Cleveland’s housing ordinance limits occupancy of a dwelling to members of a single family.
• Ordinance however contains an unusual provision.
  • Recognizes family as only a few individuals.
• Moore lives in her home with her son, and her two grandsons.
  • The two boys are first cousins rather than brothers.
• 1973, Moore received notice of violation of the ordinance, stating that one of the boys was an illegal occupant.
• City filed criminal charges when she failed to remove the boy.

Issue:

• Is the provision in the ordinance unconstitutional?

Holding:

• Yes. Reversed.

Reasoning:

• The ordinance serves the intended issues marginally at best.
• The city is trying to prevent overcrowding, minimizing traffic and parking congestion, and avoiding undue financial burden on East Cleveland.
• The ruling of this court focuses on protecting the sanctity of the family.
• The tradition of uncles, aunts, cousins, and especially grandparents sharing a household along with parents and children has roots equally venerable and equally deserving of constitutional recognition.