American City Progress And the Law

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457 (1912).
^ Ex parte Hadacheck, 165 Cal. 416 (1913).
BUILDING HEIGHTS AND ZONING 103 which, in their operation, involve the discharge of smoke or offensive odors in the surrounding atmos- phere." This case was carried to the Supreme Court of the United States, where the views of the California court were adopted by the highest court of the land." The court said: There was a denial of the allegations that the brick yard was con- ducted or could be conducted sanitarily, or was not offensive to
...health. There were affidavits supporting the denials. In these it was alleged that the fumes, gases, smoke, soot, steam and dust aris- ing from the petitioner's brickmaking plant have from time to time caused sickness and serious discomfort to those living in the vicinity.
Most of the opinion was devoted to showing that the owner of the brick yard had not proved that the ordi- nance was arbitrary or that, being discriminatory, it deprived him of the equal protection of the laws. On the latter point the court declared that the record did not show that others were permitted to manufacture brick upon similarly situated property, nor did it dis- close that other objectionable businesses were per- mitted within the district.


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