Kraus v. Grilli CA2/6

California Court of Appeal Feb 25, 2015 No. B256183MUnpublished

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Holding. The court held that a row of Myoporum shrubs constituted a hedge subject to municipal height restrictions and that a private citizen has standing to bring a civil action to redress violations of city ordinances.

Issues

Whether the trial court erred in finding that the Myoporum shrubs constituted a 'hedge' subject to municipal height limits.
Whether a private citizen has standing to bring a civil action to enforce a municipal ordinance.
Whether the trial court's issuance of a mandatory injunction requiring the trimming or removal of the hedge was an appropriate remedy.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Given its nature, size, location, and purpose, the Myoporum constitutes a hedge and fence within the meaning of the Morro Bay Municipal Code.”

“Respondent had standing to enforce the ordinance.”

“The judgment is affirmed.”

Filed 2/24/15 Kraus v. Grilli CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

ROBERT KRAUS, 2d Civil No. B256183

(Super. Ct. No. CV110500) Plaintiff and Respondent, (San Luis Obispo County) v. ORDER MODIFYING OPINION AND CARL J. GRILLI, DENYING REHEARING

Defendant and Appellant. No Change in Judgment

THE COURT: The opinion filed here on February 3, 2015, is modified as follows: On page 4, line 12 after the heading Trial Court's Ruling, and after the word inches insert the following: Discussion Appellant contends that the evidence is insufficient to support the trial court's finding that the Myoporum constitutes a private nuisance. There is no change in judgment. The petition for rehearing is denied. NOT FOR PUBLICATION

Filed 2/315 (unmodified version) Appendix is not available electronically NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Kraus v. Grilli CA2/6

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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CARL J. GRILLI,

YEGAN, J.

GILBERT, P.J.

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