County of Los Angeles v. Butcher

FOX, Acting P. J.

This is a motion to dismiss the appeal on the ground that the matter is moot.

The county brought this suit to enjoin the defendants Butcher (Dan, Mary and Leo) and Clifford R. Bruber, and Pico Citizens Bank from “offering to sell, contracting to sell, or selling or conveying” any portion of certain real property located in the unincorporated area of Los Angeles County.

The suit is based on the theory that the defendants Butcher had divided the particular property into eight lots without filing a subdivision map with the Regional Planning Commission of the county, as required by the Subdivision Map Act (Bus. & Prof. Code, §§ 11500 to 11709) and as required by County Ordinance Number 4478, known as “The Subdivision Ordinance.” It was alleged that these lots had an average width of 47% feet, which violated the requirements of section 71 of the above ordinance that such lots have an average width of 50 feet.

Just prior to the final inspection by the county of the houses that the Butchers had built on these lots, this suit was filed to enjoin the sale of the properties in question. A preliminary injunction was granted. Upon a trial on the merits, the preliminary injunction was dissolved and the county was denied any relief. It is from this judgment that the county appealed.

Respondents’ motion to dismiss the appeal is supported by the separate affidavits of Dan and Mary Butcher to the effect that since entry of judgment in the trial court on January 3,1957, they have each caused to be sold their respective four parcels of the property here involved, and that “said parcels, each improved with a single family dwelling, are presently occupied by each of the respective vendees.”

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It was stipulated upon oral argument of the motion to dismiss that Dan and Mary Butcher had sold a substantial number of the properties here involved by contracts for the purchase and sale of real property and that the other properties had been disposed of by deed.

[746]

It is the position of respondents that since there was no restraining order in effect pending appeal, and no action was taken by the county to keep the matter in status quo during sueh period, and since the property in the meantime had been sold, the matter has become moot inasmuch as there is no relief the court could now grant the plaintiff.