Legal Opinion

Melton v. City of San Pablo

California Court of Appeal

Decided July 25, 1967No. Civ. 23681PublishedCited by 18 opinions

1Opinion of the CourtTaylor, J.

This is an appeal from a judgment for defendant, City of San Pablo (hereafter City), in an action seeking declaratory relief to determine the constitutionality of a retroactive zoning ordinance requiring all portable or temporary vending establishments to obtain a use permit. The major contentions concern the constitutionality and interpretation of the ordinance and whether the trial court correctly concluded that plaintiff’s use of his property was not a preexisting lawful nonconforming use.

The record reveals the following facts, which are not in dispute : In October 1963 plaintiff acquired…

2Cases cited34 opinions

  1. Berman v. ParkerSupreme Court of the United States · 1954
  2. Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
  3. Zahn v. Board of Public WorksSupreme Court of the United States · 1927
  4. Lockard v. City of Los AngelesCalifornia Supreme Court · 1949
  5. Zahn v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925

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3Cited by18 opinions

  1. Hansen Brothers Enterprises, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1996
  2. Teachers Management & Investment Corp. v. City of Santa CruzCalifornia Court of Appeal · 1976
  3. People v. GatesCalifornia Court of Appeal · 1974
  4. Board of Selectmen of Wrentham v. MonsonMassachusetts Supreme Judicial Court · 1969
  5. Conejo Wellness Center, Inc. v. City of Agoura HillsCalifornia Court of Appeal · 2013

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

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