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Dvorak v. City of Bloomington9/23/2003
abling legislation does not expressly authorize cities to make zoning distinctions between different kinds of single housekeeping units based on familial status, or to regulate the users of real estate rather than uses of real estate, and thus the Bloomington ordinance is ultra vires. The legislature specifically authorized governmental units to use zoning so that "residential areas provide healthful surroundings for family life," I. C. § 36-7-4-201(b)(4) (emphasis added), and in order "to promote the public health, safety, comfort, morals, convenience and general welfare," I.C. § 36-7-4-601(c)(3). The enactment of zoning ordinances that make distinctions based on familial relations of the users of residential real estate is an integral component of implementing these legislative objectives. Our conclusion is further reinforced by the Home Rule Act which extends to each governmental unit "all other powers necessary or desirable in the conduct of its affairs." I.C. § 36-1-3-4(b).
Conclusion
The challenged Bloomington zoning ordinance does not violate the Privileges and Immunities Clause of the Indiana Constitution nor is it void as an ultra vires act exceeding the City's statutory authority. We affirm the judgment of the trial court.
Shepard, C.J., and Sullivan, Boehm, and Rucker, JJ., concur.
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