Legal Opinion

Neary v. Town of Los Altos Hills

California Court of Appeal

Decided August 10, 1959No. Civ. 18220PublishedCited by 11 opinions

1Opinion of the CourtBray, P. J.

Defendants appeal from a judgment restraining them from enforcing an ordinance prohibiting the operation of trucks in excess of 12 tons gross weight on the streets of Los Altos Hills. *

Questions Presented

1. Is ordinance Number 17 void as unreasonable in entirely prohibiting use of the town’s streets to vehicles over 12 tons weight ?

2. Were the findings supported?

3. Alleged error in rejection of evidence.

Facts

Since 1927 plaintiffs have owned a rock quarry located in the unincorporated area of Santa Clara County. It has been in continuous operation since March, 1935. From 1951 to August 31,…

2Cases cited3 opinions

State Board of Dry Cleaners v. Thrift-D-Lux Cleaners, Inc.California Supreme Court · 1953
Whyte v. City of SacramentoCalifornia Court of Appeal · 1924
McCammon v. City of Redwood CityCalifornia Court of Appeal · 1957

3Cited by11 opinions

Weller v. HopperIdaho Supreme Court · 1963
Town of Los Altos Hills v. Adobe Creek Properties, Inc.California Court of Appeal · 1973
Skyline Materials, Inc. v. City of BelmontCalifornia Court of Appeal · 1961
Ratkovich v. City of San BrunoCalifornia Court of Appeal · 1966
Crossan v. StateSupreme Court of Delaware · 1971

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