In Re Angelus

This is an application for a writ of habeas corpus brought for the purpose of determining the validity of sections 2-6.01 and 7-1.08 of the Municipal Code of the City of Oakland. Further facts will be stated as we proceed.

The charter under which it is now acting was adopted by the city of Oakland July 1, 1911. Zoning ordinances were authorized by the act of 1917, page 1419. On February 5, 1935 a zoning ordinance thereafter codified in the Municipal Code was adopted. Section 2-6.01 is as follows:

Section 7-1.08 is as follows:

Within the extreme southeast corner of the boundary lines of the city of Oakland is a tract called Sheffield Village. It comprises about 100 acres. As shown by photographs introduced in evidence the village is small and stands at the foot of some hills which nearly surround it and gently roll back from the village. Like all rolling hills they do not have any uniform slope. On some the slope is very gradual, say one foot in four. In other places the slope seems to be nearly one foot in one. The photographs do not indicate any out-crop-pings of rock. On the 20th day of July, 1942, the petitioner entered into a conditional contract of purchase under the terms…