Griffin

The county of Marin appeals from a judgment in favor of C. L. and Etna L. Griffin, declaring an amendatory ordinance to the county zoning ordinance, insofar as it applies to the Griffins’ property, to be “discriminatory, arbitrary, capricious, confiscatory and oppressive, and the same is unconstitutional, null and void, and constitutes an unreasonable exercise of police power on the part of defendant County of Marin,” and holding that the Griffins were entitled to use their land in accordance with its original industrial zoning, and restoring to them their permit to construct a gasoline service station on the property.

On February 17, 1946, the respondents offered to purchase from its then owners the piece of real property here involved, which fronts on Tiburón Boulevard, a heavily traveled road in Marin County. The offer contained this provision: “this offer is conditional upon the above property being zoned for light highway business and said application being approved.” On March 27, 1946, the Marin County Planning Commission, on application of the seller of the property, reclassified the property from a suburban agricultural district to a light industrial district, designated…