Seligman v. Tucker

Opinion

REPPY, J.

This is an appeal from a judgment for a final mandatory injunction requiring defendants to remove or lower an addition to a single-family residence, for attorney’s fees, and for court costs.

The facts which give meaning to certain concessions of defendants and to their contentions are as follows:

Around February 1963 Bensonia Investment Company acquired a 37-vacant-lot subdivision in a hillside area of Sherman Oaks, California, for the speculative purpose of constructing single-family residences to be sold to the public. The slope of the hills was from higher land at the south…