Hawkins

This is an appeal from an order granting summary judgment in favor of defendants and interveners (respondents), which order further provided that plaintiffs’ (appellants’) complaint for declaratory relief, injunction and petition for writ of mandamus should be dismissed with prejudice.

Appellants are home owners in the Laurel Grove Canyon section of Kentfield, an unincorporated area in Marin County. Within the Canyon is a parcel of property, consisting of some 4.8 acres, known as the “Priory.” That property, which is owned by respondent the Province of the Holy.Name, contains a large building which formerly served as a seminary for the Dominican Fathers. Since November 1973, the building has been used by respondent Catholic Social Services of Marin as a housing facility for the elderly. The Priory and all surrounding land in the Laurel Grove Canyon has been zoned R-l by the county. In addition, most of the Priory property has been given a B-2 designation, which restricts building site area to 10,000 square feet and otherwise regulates site dimensions.

Catholic Social Services of Marin is the sponsor of a plan for constructing 102 units of housing for the elderly on the…