Kappadahl

In a consolidated appeal in three cases, appellants in each respective case, who were plaintiffs or petitioners therein, appeal from adverse judgments in favor of the respective defendants.

Questions Presented.

All three actions arise out of the granting by the Board of Zoning Adjustment of Monterey County, and its affirmance by the board of supervisors of that county, of a variance under the zoning ordinance, permitting Alcan Pacific Company, a corporation, to use a certain strip of property as a driveway to Alcan’s rest home.

1. Does the filing of the subdivision map estop Monterey County from granting a variance permitting use of the property for road purposes ?

2. Is the variance permit to use the strip as a roadway valid?

3. Validity of use permit.

4. Applicable to Calabrese only - Does an action for mandamus lie to question the issuance of a building permit allegedly in violation of a zoning ordinance ?

Record.

Appellants are owners of land within “Descanso Oak Estates” subdivision. Alcan is the owner of a 41-acre tract of land adjoining Descanso Oak on which it intends to construct a rest home to be known as Carmel Hacienda Rest Home. Alcan also owns an easement for…