Sackett v. Los Angeles City School District

JENNINGS, J.

This is an appeal from a judgment permanently enjoining defendant from using certain real property for any purpose other than one family residence or single bungalow purposes and specifically from using said real property for playground purposes in connection with an adjacent public school, or otherwise, or for any public school purposes whatsoever. The real property involved herein consists of lots 79, 80 and 81 of Tract No. 5690 in the city of Los Angeles.

Respondents, husband and wife, acquired lot 81 of said Tract No. 5690 on January 9, 1925, and were the owners of said property at the time the present action was instituted. Appellant acquired lots 79 and 80 in said tract during the year 1926. When the tract was laid out all of the deeds conveying lots therein contained, among others, the restriction “ That lots 55 to 102 both inclusive, of said tract, shall be used for one family residence or single bungalow purposes only.” All of the lots in the tract were laid out under a general residential plan and deeds to purchasers thereof contained similar restrictions, each inuring to the benefit

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of the other lots in the tract. Certain other lots, sixteen in number adjacent to the property herein involved, were acquired by appellant during the month of November, 1922. School buildings were erected' on eleven of such earlier acquired lots prior to the purchase by respondents of said lot No. 81, and the remaining five lots were utilized for school playground purposes. In March, 1927, two years after respondents had acquired lot No. 81, a second public school building was erected on the five lots which prior to that time had served as a playground and, during the fall of 1927, appellant commenced to utilize lots Nos. 79 and 80 for playground purposes for the younger children of the school.

As to the sixteen lots acquired by appellant in the year 1922, waivers of the above mentioned restriction were secured from the various owners of lots in the tract. No such waivers were secured as to lots 79 and 80. The present action was instituted on November 10, 1927, approximately two months subsequent to the time when respondents first observed that lots Nos. 79 and 80 were being used as a school playground. Respondents

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