City & County of San Francisco v. Safeway Stores, Inc.
California Court of Appeal
1Opinion of the CourtBray, J.
Plaintiff sued to have defendant’s use of a certain traffic easement for ingress to and egress from its property upon which its store is located, by its customers and others, declared a public nuisance and enjoined. Defendant appeals from a judgment in plaintiff’s favor.
Questions Presented
1. Is the use of a traffic easement in a residential zone for purposes of ingress and egress to a parking lot on mercantile store premises by the general public, delivery trucks, etc., a violation of the zoning restrictions?
2. Is such a violation a public nuisance ?
Facts
There is no conflict in the evidence,…
2Cases cited11 opinions
- City of Los Angeles v. GageCalifornia Court of Appeal · 1954
- Wheeler v. GreggCalifornia Court of Appeal · 1949
- City of Yonkers v. Rentways, Inc.New York Court of Appeals · 1952
- Faulkner v. KeeneSupreme Court of New Hampshire · 1931
- Town of Brookline v. Co-Ray Realty Co.Massachusetts Supreme Judicial Court · 1950
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rush v. City of GreenvilleSupreme Court of South Carolina · 1965
- BBJ Associates, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Kappadahl v. Alcan Pacific Co.California Court of Appeal · 1963
- Atria, Inc. v. Mount Lebanon Township Board of AdjustmentSupreme Court of Pennsylvania · 1970
- City of Providence v. First National Stores, Inc.Supreme Court of Rhode Island · 1965
6 more not listed; retrieve them via the Exa API.