Andrews v. City of Piedmont

The plaintiff commenced an action to obtain a judgment of declaratory relief. The defendant answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the defendant has appealed and has brought up a typewritten record. The plaintiff sought a decree that a municipal zoning ordinance is invalid.

The defendant claims the court had no authority to declare invalid a municipal ordinance. It quotes section 1060 of the Code of Civil Procedure as follows: “Any person interested under a deed, will or other…