A city enacts a zoning ordinance that prohibits the construction of multi-family apartment buildings in a specific area, stating its goal is to preserve the 'historical charm' of the neighborhood. However, a real estate development company files a lawsuit arguing that the ordinance violates substantive due process because it severely restricts their ability to develop housing without serving a legitimate government interest. Which of the following principles is most relevant to determine whether the zoning ordinance violates substantive due process?
Whether the ordinance violates procedural due process by failing to provide adequate notice and an opportunity to object.
Whether the zoning ordinance infringes on a fundamental right protected under the Constitution.
Whether the ordinance is necessary to achieve a compelling state interest.
Whether the zoning ordinance is rationally related to a legitimate government interest.
The correct answer is based on whether the government action is justified by a legitimate state interest and whether the means chosen are appropriately tailored to achieve that goal. Under substantive due process, fundamental rights, such as those involving privacy or family, are subject to strict scrutiny, requiring a compelling government interest. For non-fundamental rights, the government action only needs to be rationally related to a legitimate state interest. Here, the development of housing is generally subject to rational basis review, and the court will assess if the stated purpose, such as preserving historical charm, has a reasonable connection to the ordinance's restrictions. Other answers misinterpret the applicable level of scrutiny or fail to connect the principles to substantive due process analysis.
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