McCarthy v. City of Manhattan Beach

Plaintiffs sought a judgment declaring that a certain zoning ordinance restricting the use of their oceanfront property to beach recreational purposes is “null and void” as applied to them. In the first cause of action they challenged the constitutionality of the zoning restriction insofar as it affects their land, claiming that it violates the due process and equal protection clauses of both the federal and state Constitutions and results in a taking of their property for public use without compensation. (U.S.C.A. Const. Amend. XIV; §1; Cal. Const. art. I, §13.) They also alleged that the…