Cryer

This is a proceeding in mandamus to compel respondents, and particularly the Board of Public Works of the city of Los Angeles, to issue to petitioner a permit for the construction of a class “A” fireproof apartment house upon certain property owned by petitioner. The application of petitioner for such permit was denied by the Board of Public Works, upon the ground that petitioner’s property is situate within the territory described as zone “A” in Ordinance No. 42,666 (N. S.) of said city, as amended by Ordinance No. 43,779 (N. S.), which ordinances provide that “no building, structure or improvement shall be erected, constructed, established, altered or enlarged in the ‘A’ zone which is designed, arranged or intended to be occupied or used for any purpose other than a single family dwelling- ...” The building proposed to be erected by petitioner would contain many apartments.

Petitioner contends that the act of the legislature of 1917 authorizing municipalities to divide cities into zones for regulation of property uses, and the zoning ordinance of the city of Los Angeles prohibiting multiple residence buildings in residence districts, are obnoxious to the constitution of…