Cherniavsky

This is an appeal from a decree denying an injunction which was sought to prohibit the respondents from operating a mercantile business in the residence district of the City of Tuba City.

The respondents own lot 17 of Shasta tract in the City of Tuba City. This lot fronts 127 feet on Teegarden Avenue, and is 266 feet in depth. Prior to February 6, 1928, the respondents owned and operated a small grocery-store which was located at the extreme rear end of this lot. There was no open street at this end of the lot. The store was patronized chiefly by customers from an auto park which was located near by. A pathway led from the auto park to the store, and also communicated with the eastern extremity of Ailer Street. On the last-mentioned date the City of Tuba City adopted a zoning ordinance which included this lot 17 in the residence district. Section 4 of this ordinance prohibits the establishment of any business enterprise within the residence district. That section provides in part:

“In the residence district no building shall be used or maintained for purposes or uses other than those in this section hereinafter set forth; and no building shall be constructed, erected, altered or…