Anderson

Plaintiff William Anderson, Stanford Holmgren, Jack Looney and Harold Smith instituted this proceeding against defendants, The City Council of the City of Pleasant Hill, and its members, to obtain a peremptory writ of mandate compelling the issuance of a land use permit and a building permit to construct a gasoline service station.

On November 7, 1960, Smith entered into a written agreement to purchase a parcel of real property from Charles Benson for the sum of $30,000, subject to the express condition that Smith was able to have the property rezoned so as to allow the construction thereon of a gasoline service station. The property, located at the southeast corner of Grayson Road and Taylor Boulevard, was unincorporated territory within the County of Contra Costa. On March 21, 1961, the County Board of Supervisors rezoned the property “neighborhood business,” which zoning allowed construction of the contemplated service station. Smith thereafter obtained title to the property by a grant deed which was recorded on March 24, 1961. The area immediately surrounding Smith’s property continued to be zoned “residential” and “residential-agricultural. ’ ’

Smith then applied to the…