Legal Opinion

O'HAGAN v. Board of Zoning Adjustment

California Court of Appeal

Decided April 23, 1974No. Civ. 31833PublishedCited by 20 opinions

1Opinion of the Court

Opinion

KANE, J.

Plaintiff Henry O’Hagan appeals from a summary judgment denying him recovery for damages in a mandamus action..

The pertinent facts reveal that on February 8, 1961, one Vernon Rose (“Rose”), the owner of the property located at 1207 Fourth Street in Santa Rosa, applied for a use permit for the purpose of constructing a drive-in restaurant at said location. On February 16, 1961, the board of zoning adjustment (“Board”) issued a temporary use permit. The use permit specifically stated that the establishment, maintenance or operation of the use applied for would not be detrimental…

2Cases cited14 opinions

  1. Lipman v. Brisbane Elementary School DistrictCalifornia Supreme Court · 1961
  2. Hardy v. VialCalifornia Supreme Court · 1957
  3. Jones v. City of Los AngelesCalifornia Supreme Court · 1930
  4. White v. TowersCalifornia Supreme Court · 1951
  5. Trans-Oceanic Oil Corp. v. City of Santa BarbaraCalifornia Court of Appeal · 1948

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State of California v. Superior CourtCalifornia Supreme Court · 1974
  2. Morris v. County of MarinCalifornia Supreme Court · 1977
  3. E. L. White, Inc. v. City of Huntington BeachCalifornia Supreme Court · 1978
  4. Elson v. Public Utilities CommissionCalifornia Court of Appeal · 1975
  5. Chaplis v. County of MontereyCalifornia Court of Appeal · 1979

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