Kucera

We consider the validity of an ordinance of the Town of Tiburón which preserves views and sunlight against unreasonable obstruction by tree growth. Gilbert and Heidi Kucera, owners of an apartment building, used the ordinance to attempt resolution of a dispute with neighboring apartment building owner Tiberio Lizza over eight Monterey Pines which had grown to obstruct their view. Reaching no resolution through less formal procedures dictated by the ordinance, they brought this superior court action against Lizza, also under the ordinance, to compel restoration of their views.

The case presented the trial court with issues of whether the obstruction was unreasonable under the ordinance and, more fundamentally, whether the ordinance was invalid. In a bifurcated trial on stipulated facts, the court gave judgment for Lizza on the latter ground. It held the ordinance unconstitutional and “void” as (1) preempted by state law governing the creation of servitudes and land burdens, and (2) an arbitrary and unreasonable exercise of the police power.

The Kuceras appeal, supported in their arguments by friend of the court briefs from the Town of Tiburón (Tiburón or the town) and…