Claremont Taxpayers Assn. v. City of Claremont

The Claremont Taxpayers Association seeks by this action in declaratory relief to nullify the comprehensive city zoning ordinance of the City of Claremont adopted March 31, 1958, being ordinance No. 599. Irregular ity is asserted in the proceedings for the adoption of the ordinance.

The plaintiff asserts that the underlying purpose of the adoption of the ordinance is to redistriet large areas of the city to uses less than their highest and best, as such uses had been previously determined and established under the former zoning ordinance.

Plaintiff contends the effect of the new zoning ordinance is to frustrate necessary business expansion, resulting in diminution of vested property values and a reduction of tax revenues.

With the wisdom of the ordinance we are not hero concerned, such being a proper legislative function which is not reviewable unless palpably unreasonable. (Lynch Meats of Oakland, Inc. v. City of Oakland, 196 Cal.App.2d 104, 109 [ 16 Cal.Rptr. 302 ] ; Justesen’s Food Stores, Inc. v. City of Tulare, 43 Cal.App.2d 616, 620-621 [ 111 P.2d 424 ].) Its validity, however, is attacked upon several grounds, primarily because it is asserted the ordinance should be…