G & D Holland Construction Co. v. City of Marysville

There are triable issues of fact in this mandate proceeding and the trial court erred in granting a summary judgment in favor of respondents, the City of Marysville and its officials.

Subject of the controversy is a land use proposal involving a square block of real estate in a section of the city known as East Marysville. Petitioners seek a writ of mandate to compel issuance of a building permit for an apartment house development on the property. The project, to consist of six buildings containing 76 apartment units, is to be financed under a provision of the National Housing Act authorizing government interest subsidies on housing designed for “lower income families.” (12 U.S.C.A. § 1715z-l, Public Law 90-448, tit. II, § 201(a); 82 Stat. 498 .)

The city’s basic zoning ordinance, of which we take judicial notice, was adopted in 1963. At that time the block in question was zoned R-3. That designation signified a “neighborhood apartment district,” permitting a maximum of four family dwellings per building. In 1966 the property owner requested that this single block be rezoned to R-4 (general apartment district) in order to accommodate a “garden type” apartment house.…