City of Mercer Island v. Kaltenbach

This action was commenced by respondent city against appellant property owners. The city alleges that appellants are violating applicable zoning ordinances by operating a music and dancing studio in a residential area. The trial court, in a summary judgment proceeding, granted an injunction and this appeal followed.

In March, 1960, appellants acquired certain property on Mercer Island and applied for a permit to erect a building on the premises. A permit authorizing construction of a “residence and private conservatory” was issued; thereafter a building was constructed. Since September, 1960,…