Palomar Holding Company v. County Of San Mateo

283 F.2d 390 PALOMAR HOLDING COMPANY, a Corporation, Palpar, Inc., a Corporation, and A. J. Harwood, Appellants, v. COUNTY OF SAN MATEO and Keith C. Sorenson, District Attorney of County of San Mateo, Appellees. No. 16769. United States Court of Appeals Ninth Circuit. September 16, 1960. Rehearing Denied October 18, 1960. Wagstaffe, Daba & Hulse, Redwood City, Cal., for appellant. Keith Sorenson, Dist. Atty. of the County of San Mateo, by Howard E. Gawthrop, Deputy Dist. Atty. of the County of San Mateo, Redwood City, Cal., for appellee. Before MERRILL and KOELSCH, Circuit Judges, and BOWEN, District Judge. PER CURIAM. 1 Appellants seek action by the federal courts enjoining appellees from prosecuting appellants criminally for violation of an allegedly unconstitutional county ordinance. The ordinance is one regulating real estate subdivisions and providing criminal sanctions against its violation in certain respects. Appellants contend that the ordinance is unconstitutional; that they are therefore entitled to deal in lands free from the ordinance's regulatory provisions; that they are being prevented from doing so by threat of criminal prosecution. 2 The District Court…