McCaslin

McCaslin v. City of Monterey Park

Good Law
163 Cal. App. 2d 339·1958 Cal. App. LEXIS 1498·329 P.2d 522
Court of Appeal of CaliforniaSeptember 4, 1958Civ. 22739California4,106 words

Opinion

Opinion

Vallee, J.

Appeal by defendants from a judgment for plaintiff permanently enjoining defendants from enforcing the provisions of two zoning ordinances expressly designed to compel the discontinuance of the use of plaintiff’s property as a decomposed granite quarry. The question is the validity, as applied to plaintiff’s operations, of provisions of zoning ordinances of the city of Monterey Park.

Plaintiff, since 1937, has been the owner of a large tract of land in the city of Monterey Park, called the city, of which a portion comprising about 70 acres is now and since 1944 has been used as a site for mining decomposed granite. The property is located on the southeast boundary of the city limits. Substantially throughout its entire area the property is comprised of decomposed granite. The structures on the land used in connection with the operation consist of a roofed screening plant and several small buildings, all of which were on the land prior to 1950.

Contiguous to the northeasterly portion of plaintiff’s property is a rifle range used by the city’s police. On the east boundary line and just over the city boundary is a 10-aere nursery. Traversing the easterly portion in the city are…

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