County of Contra Costa v. Humore, Inc.

In this action for injunctive and declaratory relief, both parties have appealed the judgment (1) granting in part defendants’ motion for judgment pursuant to Code of Civil Procedure section 631.8; (2) issuing a permanent injunction to prohibit Owners from (a) allowing individuals to live in tents on their property or (b) erecting tents for such purpose; and (3) declaring that the maintenance of tents for living purposes within residential zoning districts violates the Contra Costa County Ordinance Code and constitutes a public nuisance. We affirm the judgment enjoining maintenance of tents for occupancy on all parcels except parcel 169-200-001. We reverse the judgment dismissing certain defendants and the claims alleging illegal use of the property for commercial, junkyard and storage purposes.

I. Facts and Procedure

A. Background

The property in question consists of six contiguous parcels located in an unincorporated, twenty-three-acre area of Contra Costa County (County). All of the parcels are zoned for single-family dwellings, in either the R-10 or R-20 residential districts.

Victor and Susan Baranco originally acquired the property. Alexander Van Sinderen has…