The United States Court of Appeals for the Second Circuit in Boraas v. Village of Belle Terre sanctioned a new standard to govern the application of the equal protection clause of the fourteenth amendment. Faced with an exclusionary zoning ordinance, the court abandoned the rigid two-tiered equal protection approach in favor of a test directed toward determining whether the legislative classification was in fact substantially related to the ordinance's objective. As a result of applying this interpretation, the court found the zoning ordinance unconstitutional. This note examines whether the court's test was correct in light of recent United States Supreme Court decisions construing the equal protection clause.
Paul M. Schudel,
New Standard Used for Equal Protection: Boraas v. Village of Belle Terre, 476 F.2d 806 (2d Cir. 1973),
53 Neb. L. Rev. 312
Available at: http://digitalcommons.unl.edu/nlr/vol53/iss2/9