Biscay

This is an action to enjoin the City of Burlingame, which is a municipal corporation of the sixth class, and its officers, from enforcing as against the plaintiff and appellant, the provisions of a zoning ordinance of that city designated “Ordinance No. 227”. By their answer the respondents seek to justify their threatened acts under authority of Ordinances No. 92 and No. 227 of the respondent municipal corporation.

On October 16, 1928, appellant made application to the City of Burlingame for a building permit covering the intended erection of a frame garage 32 by 35' feet in ground dimensions and 15 feet in height at its highest point, and on the same date was granted a building permit by the department of public works through its building inspector. The permit covered the erection of a “garage” and specified .that all work done by virtue of the permit must conform to the plans and specifications filed with the building department and in accordance with the provisions of the ordinances of the City of Burlingame. The front line of the building was to be 15 feet from the property line. The garage was immediately erected upon a lot adjacent to the residence of appellant, who had,…