ELR Citation: ELR 20443
No(s). 30474 (5th Cir. Aug 4, 1971)

A municipal authority may prohibit the construction of new gasoline stations by means of restrictive zoning ordinances where such regulations are established in order to protect the aesthetic environment. The proper exercise of police power includes not only the interests of public health, safety, morals, and general welfare, but also the enhancement of the aesthetic appeal of the community. The city of Maitland, Florida, has demonstrated that concentrations of gasoline stations tend to blight the surrounding area because they create traffic problems and because fierce competition and a correspondingly increased probability of business failure result in abandoned stations. The decision of the court below is reversed.

Counsel for Plaintiffs
L.W. Carroll Jr.
Kenneth R. Marchman
Hunter, Patillo, & Carroll
243 W. Park Ave.
Winter Park, FL 32789

Counsel for Defendants
James O. Driscoll
23 S. Magnolia Ave.
Orlando, FL 32801