O'Brien
Pavilion Ice Rink v. O'Brien
Opinion
Lead Opinion
Nourse, J.
Plaintiff commenced this action to obtain an injunction restraining the defendants, who are the police commissioners, the chief of police, and officers of the police department of San Francisco, from trespassing upon plaintiff’s premises and from interfering with plaintiff’s business of conducting a public dance-hall in said city. It is alleged in the amended complaint that ever since April 21, 1918, plaintiff had been engaged in the business of conducting a public dance-hall on the premises under a quarterly permit duly issued therefor 'by the board of police commissioners commencing on said date and continuing until January 1, 1921; that on the latter date the said board refused to issue a permit to plaintiff, and that said action was arbitrary, capricious, and without good cause. It is the theory of the amended complaint that these permits, though issued quarterly, were in effect merely renewals of the original permit of April 21; 1918, upon the faith of which large investments had been made by the plaintiff and a profitable business had been established. The action was commenced at the same time as that of Pavilion Ice Rink v. Bryant et al., 58 Cal. App. 584 [ 209 Pac. 76 ],…