This is the web log for Professor Duncan's Property Class at Nebraska Law. Rugged individualism and liberty are inseparable: “There can be no liberty unless there is economic liberty.” — Margaret Thatcher "We didn't love freedom enough. We purely and simply deserved everything that happened afterward." -Aleksandr Solzhenitsyn "This is America, we don't share land here." John Dutton Yellowstone
Sunday, February 22, 2026
Euclid Case
Welcome to Euclid!
So long as you are not a "parasite" or a "pig in the parlor" to quote Justice Sutherland's interesting way of describing "apartment houses" and, I assume, those who wish to live in apartments in nice residential areas.
By the way, here is a Latin refresher for y'all:
"An ancient common law maxim, sic utere tuo ut alienum non laedas (one must use one's property so as not to injure another's property)." (see casebook p. 758).
How do apartments (and the people who live in apartments) "injure" single-family homeowners?
Make sure you read note 3 on page 761 carefully? What do you think about the lower court's take on zoning? Is it fair? Unfair?