Cayley

Cayley v. Nunn

Good Law
190 Cal. App. 3d 300·1987 Cal. App. LEXIS 1502·235 Cal. Rptr. 385
Court of Appeal of CaliforniaMarch 17, 1987B015207California2,177 words

Opinion

Opinion

Kingsley, J.

The Nunns and Cayleys were neighbors in Rancho Palos Verdes. The Nunns applied for a height variance to add a bedroom over their garage. The Cayleys opposed the construction, claiming the addition would block their scenic view. The planning commission denied the variance. The Nunns appealed to the city council, and in preparation for the hearing, they circulated a petition to evidence neighborhood support for their position. At the city council hearing the Nunns presented expert and lay testimony, and they presented their petition. The city council approved the height variance and the Cayleys brought suit against the city of Rancho Palos Verdes, and the Nunns as real parties in interest. The Cayleys’ writ was denied, the Cayleys appealed, and the writ was denied by the Court of Appeal. The Cayleys then sued the Nunns for a permanent injunction, damages and legal fees for failure to follow the covenants and restrictions. The Nunns obtained a summary judgment, the Cayleys appealed, and the judgment was affirmed.

Appellants herein, Cayleys, then sued for denial of their constitutional rights and slander. The Cayleys allege that the Nunns made certain slanderous comments.…

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