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Dvorak v. City of Bloomington9/23/2003
nd proper as applied to the general subject upon which the law intended to operate.
644 N.E.2d at 80, (quoting Cincinnati, Hamilton & Dayton Ry. Co. v. McCullom, 183 Ind. 556, 561, 109 N.E. 206, 208 (1915) (citations omitted)).
Under the Bloomington ordinance, any persons who are related by blood, marriage, or adoption may reside in a single dwelling in the zoning classification, as may up to three unrelated adults. The ordinance is uniformly applicable and equally available to all persons similarly situated.
We conclude that the Dvorak defendants have not carried their substantial burden to demonstrate that the challenged ordinance violates the Privileges and Immunities Clause of the Indiana Constitution.
Ultra Vires
Dvorak alternatively argues that the Bloomington ordinance exceeds the zoning powers delegated to cities under enabling legislation, Indiana Code § 36-7-4-201 et seq., and thus is an ultra vires act. Br. of Appellants at 21. Specifically, Dvorak contends that the "zoning enabling legislation does not expressly authorize cities to make zoning distinctions between different kinds of single families or single housekeeping units based on legal, biological or numerical characteristics, or on familial status." Id. Dvorak also argues that the enabling legislation "does not expressly authorize cities to regulate users of real estate in addition to, and apart from, regulating uses of real estate." Id. at 22 (emphasis added).
The zoning enabling legislation declares that "a unit wanting to exercise planning and zoning powers in Indiana must do so in the manner provided by this chapter." Ind. Code § 36-7-4-201(a). The relevant objectives of the statute are stated in sub-section (b):
The purpose of this chapter is to encourage units to improve the health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end:
(2) That new communities grow only with adequate public way, utility, health, educational and recreational facilities;
(4) That residential areas provide healthful surroundings for family life . . .
I. C. § 36-7-4-201(b). In addition, other enabling legislation requires that zoning ordinances must be adopted for specific purposes, including "promoting the public health, safety, comfort, morals, convenience and general welfare." I.C. § 36-7-4-601(c)(3). To this end, the zoning ordinances may "regulate how real property is developed, maintained and used," including the implementation of "standards for population density and traffic circulation" and "any other provisions that are necessary to implement the purposes of the zoning ordinance." I.C. § 36-7-4-601(d)(2)(I)-(J).
With the adoption of the Indiana Home Rule Act, the legislature "abrogated the traditional rule that local governments possessed only those powers expressly authorized by statute." City of Gary v. Indiana Bell Tel. Co., Inc., 732 N.E.2d 149, 153 (Ind. 2000). The Home Rule Act expressly broadens a governmental unit's authority to include not only " ll powers granted it by statute," but also " ll other powers necessary or desirable in the conduct of its affairs even though not granted by statute." I.C. § 36-1-3-4(b). The Act explicitly declares that " ny doubt as to the existence of a power of a unit shall be resolved in favor its existence." I.C. § 36-1-3-3(b). We have applied the Home Rule Act in construing the zoning authority of governmental units. City of Crown Point v. Lake County, 510 N.E.2d 684, 685-86 (Ind. 1987).
Considering the enabling legislation and Home Rule Act, we reject Dvorak's claim that the en
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