In assessing the fairness of the zoning ordinances, these benefits must be considered along with any diminution in market value that the appellants might suffer.
(b) Appellants will share with other owners the benefits and burdens of the city's exercise of such police power, and in assessing the fairness of the ordinances these benefits must be considered along with any diminution in market value that appellants might suffer.
As for any diminution in interest in cars among millennials, "the reality is we know they're all going to drive at some point," Ms. Schussel said.
In the aging intervertebral disc, there is a well-recognized loss of cells, which puts the remaining cell population at risk for any diminution in cell function.
In view of the whole record in this case and the original briefs on appeal, we conclude that they so tried it with notice that defendant would contend for the "diminution in value" rule.
Rep. 6, the principle of this case was extended so far as to hold that such laws might be enforced against persons who, at the time, happened to own property whose chief value consisted in its fitness for manufacturing intoxicating liquors, without compensating them for the diminution in value resulting from such prohibitory enactments; and in Foster v. Kansas ex rel.
He also says sellers of "tainted" properties can expect a "15 to 25percentt diminution in value for two to three years after the fact.
Despite alleged diminution in value of the owner's land, the Court held that the zoning laws were facially constitutional.
The defendant offered the testimony of five witnesses in the trial court; four of them testified as to "diminution in value".
In their motion for new trial, plaintiffs did not complain that they had been prevented from offering evidence as to the diminution in value of their lands; on the contrary, they affirmatively complained of the trial court's action in admitting evidence of the defendant on that point.
Jim Hall, for the benefit of his fellow surviving musicians and of music history, gave his consent, though he made clear that this was not to be taken as a sign of any diminution in his dislike of Nixon.
