Legal Opinion

Smith v. City of Duarte

California Court of Appeal

Decided June 30, 1964No. Civ. 27519PublishedCited by 7 opinions

1Opinion of the CourtFox, P. J.

This is an appeal from a judgment dismissing plaintiffs’ case, without prejudice, for lack of jurisdiction. The decisive question herein is whether the trial court was correct in this decision, which was made on the ground that plaintiffs had failed to exhaust the administrative remedies available to them.

On March 24, 1962, the City Council of Duarte enacted Ordinance No. 95, a comprehensive zoning ordinance for the city. In April a referendum petition was circulated and filed which attacked, among other things, a setback line of 20 feet on C-2 and C-4 property which was established by…

2Cases cited7 opinions

  1. Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
  2. United States v. Superior CourtCalifornia Supreme Court · 1941
  3. Metcalf v. County of Los AngelesCalifornia Supreme Court · 1944
  4. Rubin v. Board of DirectorsCalifornia Supreme Court · 1940
  5. Dunham v. City of WestminsterCalifornia Court of Appeal · 1962

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3Cited by7 opinions

  1. Styne v. StevensCalifornia Supreme Court · 2001
  2. Concerned Citizens of Palm Desert, Inc. v. Board of SupervisorsCalifornia Court of Appeal · 1974
  3. Roth v. City of Los AngelesCalifornia Court of Appeal · 1975
  4. Frisco Land & Mining Co. v. State of CaliforniaCalifornia Court of Appeal · 1977
  5. Mountain View Chamber of Commerce v. City of Mountain ViewCalifornia Court of Appeal · 1978

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

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