A.C. Blumenthal Co. Inc. v. Cryer

CONREY, P. J.—

This is a proceeding in

mandamus

to compel respondents, and particularly the Board of Public Works of the city of Los Angeles, to issue to petitioner a permit for the construction of a class “A” fireproof apartment house upon certain property owned by petitioner. The application of petitioner for such permit was denied by the Board of Public Works, upon the ground that petitioner’s property is situate within the territory described as zone “A” in Ordinance No. 42,666 (N. S.) of said city, as amended by Ordinance No. 43,779 (N. S.), which ordinances provide that “no building, structure or improvement shall be erected, constructed, established, altered or enlarged in the ‘A’ zone which is designed, arranged or intended to be occupied or used for any purpose other than a single family dwelling- ...” The building proposed to be erected by petitioner would contain many apartments.

Petitioner contends that the act of the legislature of 1917 authorizing municipalities to divide cities into zones for regulation of property uses, and the zoning ordinance of the city of Los Angeles prohibiting multiple residence buildings in residence districts, are obnoxious to the constitution of California and the constitution of the United States and are therefore void; that the said act of 1917 (Stats. 1917, p. 1419) and the said zoning ordinance are unreasonable, arbitrary, and oppressive in conferring upon the city council and the planning commission a wide and unregulated discretion in controlling the use of private property; that the said zoning ordinance, in permitting the continuation of prior use of improvements and penalizing a similar use thereafter, and also in authorizing the city council to make exceptions to the restrictions established by the ordinance, renders said ordinance discriminatory and void. The argument for petitioner, in support of its objections to the ordinance, includes a statement of the principles governing the exercise of the police power, and reviews many decisions of the courts in this state and elsewhere applying to the particular subject now before the court.

[670]

Two recent decisions of the supreme court of California have definitely passed upon all of the questions involved in this action.

(Miller