Eckles v. E. D. Delaney Inc.

MOORE, P. J. The sole question posed is: Does the evidence support the findings?

Appellants, John and Reba Eckles, sought injunctive relief against respondents alleging that the latter were conducting a business not permissible in a C-3 zone as defined by ordinance 925 of the city of Englewood, to wit, operating a planing mill, a large incinerator causing to emit a great volume of thick, black smoke and charred sawdust and soot which are carried by the wind into plaintiffs’ dwelling. That appellants’ property is zoned R-3; that while the general character of respondents’ neighborhood is zoned R-3, most of respondents’ property is zoned C-3; that a violation of such ordinance constituted a public and private nuisance which was detrimental to the public health and general welfare by reason of excessive noise, vibration and soot. Issue was joined by general denial.

Following the trial, the court found that the corporate defendant as tenant of its codefendants occupies lots 9 and 13 and a portion of Lot 12 of Tract 896 in Inglewood; that appellants own portions of Lots 6 and 7 of Block 32 of Inglewood; that ordinance 925 is in full force and effect; that E. D. Delaney Inc. is operating on said leased premises a wholesale and retail sash and door business all of which is a permissible use under said zoning ordinance; that all the operations of the corporate defendant are conducted in a reasonable and necessary manner, usual and customary to the operation of its business.

The court concluded that respondents are not maintaining [678]a public or private nuisance in operating the plant; that they are operating in a properly zoned area under ordinance 925.

Appellants contend that the uncontradicted evidence shows that the operations of the corporation have been carried on in an improper zone under ordinance 925, notwithstanding the city had in full force a comprehensive zoning ordinance, fixing zones and classifications of land uses; that the operations of Delaney Inc. are not such as are permissible in a C-3 zone because (1) the treatment of wood products is not carried on wholly within a building; (2) the manufacture and treatment of wood products by respondents are not from previously prepared materials.

In support of such contention, appellants introduced many photographs. They do not support appellants’ thesis. They show clearly that no manufacturing by Delaney was done outside of a building. That the structures shown in the photograph are buildings is established by Watchtower Bible & Tract Soc., Inc. v. County of Los Angeles, 30 Cal.2d 426, 428 [182 P.2d 178]. They are edifices “composed of stone, brick, marble, wood, or other property substance, connected together, and designed for use in the position in which it is so fixed.” The court, pursuant to stipulation, made an inspection of the premises. Such observations are sufficient support for the finding. (Summers v. Parker, 119 Cal.App.2d 214, 218 [259 P.2d 59]; Conklin v. Goodson, 125 Cal.App.2d 823, 827 [271 P.2d 147].)