Stell v. Jay Hales Development Co.

Opinion

BOREN, Acting P. J.

Introduction

Alleging that respondents were constructing a house in violation of covenants, conditions and restrictions, and also in violation of local zoning ordinances, appellants filed a complaint sounding in nuisance and requesting injunctive relief to abate the nuisance, declaratory relief and damages. The trial court denied appellants’ request for a jury trial and, at the conclusion of appellants’ presentation of evidence, granted respondents’ motions for judgment pursuant to Code of Civil Procedure section 631.8 and for nonsuit. On appeal, appellants contend…