London

In this action the plaintiff sought a decree restraining the owner, Robinson, and the contractor, Moren, from erecting a building on Ballpoint Avenue near Parnassus Avenue in San Francisco. In his complaint the plaintiff alleges that such erection would be in violation of certain zoning ordinances.

Heretofore Ordinance 5464 (N. S.) was enacted. Thereafter the defendant Robinson purchased a lot on Hill-point Avenue, adopted plans and specifications for the erection of a building, entered into a contract therefor, and a building permit was issued to him. All fees were paid and thereafter the building contract, together with plans and specifications, was filed for record in the recorder’s office at 11:15 A. M. on July 27, 1925. In the meantime such proceedings were had that Ordinance 6708 (N. S.) was framed and was passed by the board of supervisors during the afternoon of July 27, 1925. By the terms of the charter of the city of San Francisco the last-named ordinance took effect August 7, 1925. On August 13, 1925, this suit was commenced. It is based on the theory that after the enactment of Ordinance 6708 (N. S.) the right of the defendants to proceed with the erection of the…