Case

This is an appeal from a judgment which among other things granted defendants’ motions for declaratory judgment on the pleadings and declared the validity and constitutionality of an approval of a conditional use by city authorities to the individual respondents herein.

The complaint filed herein on November 6, 1961, was in seven counts and alleged generally that Bentley, Watts and Hunter, sometimes hereinafter referred to as the individual respondents, were the owners of 47 acres of land zoned Rl-H located on Cahuenga Boulevard in Los Angeles to the immediate west of the Hollywood Freeway; that ordinance number 90500 of the City of Los Angeles limits the uses within such zone to single family dwellings excepting where conditional uses are granted for certain additional purposes pursuant to the procedure provided in said ordinance; that following the conditional use request procedure the individual respondents applied for permission to construct “a deluxe apartment house complex group dwelling type of housing project”; that a public hearing was held after which the city zoning administrator conditionally approved the application; that thereafter appellants appealed the decision…