Legal Opinion
Kucera v. Lizza
California Court of Appeal
Decided December 8, 1997No. A075859PublishedCited by 17 opinions
1Opinion of the Court
Opinion
LAMBDEN, J.
We consider the validity of an ordinance of the Town of Tiburón which preserves views and sunlight against unreasonable obstruction by tree growth. Gilbert and Heidi Kucera, owners of an apartment building, used the ordinance to attempt resolution of a dispute with neighboring apartment building owner Tiberio Lizza over eight Monterey Pines which had grown to obstruct their view. Reaching no resolution through less formal procedures dictated by the ordinance, they brought this superior court action against Lizza, also under the ordinance, to compel restoration of their views.
2Cases cited25 opinions
- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
- Associated Home Builders of Greater Eastbay, Inc. v. City of LivermoreCalifornia Supreme Court · 1976
20 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
- Big Creek Lumber Co. v. County of Santa CruzCalifornia Supreme Court · 2006
- Zipperer v. County of Santa ClaraCalifornia Court of Appeal · 2005
- Clary v. City of Crescent CityCalifornia Court of Appeal · 2017
- California RSA No. 4 v. Madera CountyDistrict Court, E.D. California · 2003
12 more not listed; retrieve them via the Exa API.