In the case of Washington ex rel Seattle Title Trust Company v. Roberge, the U.S Supreme Court ruled in favor of a trustee company that was denied permission to build a home for elderly people by local residents. The court found that an ordinance from the city of Seattle, which allowed property owners within 400 feet of proposed philanthropic homes to veto their construction, violated due process rights under the Fourteenth Amendment. This decision established that zoning regulations cannot be used arbitrarily or discriminatorily and must serve public welfare rather than private interests. It also emphasized that individual property rights are not absolute and can be limited by community needs if done reasonably.

The dissenting opinion in the case of Washington Ex Rel Seattle Title Trust Company v. Roberge argued that the majority's decision undermined property rights and gave too much power to a small group of individuals. The justice disagreed with the ruling that allowed two-thirds of property owners within 400 feet of a proposed philanthropic home for elderly people to veto its construction, arguing it was an unconstitutional delegation of legislative power. He contended this rule essentially granted these neighbors zoning authority without any guidelines or standards, which could lead to arbitrary decisions based on personal bias rather than public welfare considerations. Moreover, he believed this violated equal protection by treating similarly situated landowners differently based solely on their proximity to the proposed project.