O'BANNON
Selby Realty Co. v. O'BANNON
Opinion
Opinion
Thompson, J.
Respondents, having been denied a building permit by appellants, sought a writ of mandate from the superior court compelling the issuance of the permit. The matter was tried upon an agreed statement of facts embodied in a pretrial order and evidence consisting of portions of the Ventura County ordinances dealing with building permits and zoning.
Facts
Respondent owns a parcel of real property in Ventura County. The property is located in an area which at all times here material has been zoned as “M-3 General Industrial District.” In 1954, respondent constructed a service station and incidental improvements on the property. The construction constituted a use of the land conforming to the applicable zoning law.
On July 23, 1968, respondent applied to appellants for a building permit authorizing the construction upon the property of an additional structure to be used for the servicing of motor vehicles as a “reasonable expansion” of the established use. Respondent tendered the required application fee. No “development plan” of the property had been approved by the county and none was presented for approval. “Exclusive of the question as to whether such approval was a…