Moore v. East Cleveland

Case Date: 11/02/1976
Docket No: none

Facts of the Case 

East Cleveland's housing ordinance limited occupancy of a dwelling unit to members of a single family. Part of the ordinance was a strict definition of "family" which excluded Mrs. Inez Moore who lived with her son and two grandsons.

Question 

Did the housing ordinance violate the Due Process Clause of the Fourteenth Amendment?

Argument Moore v. East Cleveland - Oral ArgumentFull Transcript Text  Download MP3Moore v. East Cleveland - Opinion Announcement  Download MP3 Conclusion  Decision: 5 votes for Moore, 4 vote(s) against Legal provision: Due Process

The four justices in the plurality held that the ordinance violated Moore's rights as it constituted "intrusive regulation of the family" without accruing some tangible state interest. Justice Stevens joined in the judgment and argued that the ordinance was invalid because, by regulating who could live with Moore, it constituted a taking of property without just compensation.