Lievre

Cypress Lawn Cemetery Ass'n v. Lievre

Good Law
1921 Cal. App. LEXIS 48·55 Cal. App. 228·203 P. 150
Court of Appeal of CaliforniaNovember 16, 1921Civ. No. 3933.California746 words

Opinion

lead Opinion

Waste, J.

The plaintiff brought this action to enjoin the defendants from maintaining along the state highway, in front of and adjacent to its cemetery, in San Mateo County, portable stands for the sale of flowers and floral decorations, and from obstructing the entrances to the cemetery grounds. The lower court determined that the maintenance of these stands and the selling of flowers therefrom created a nuisance by interrupting traffic and interfering with plaintiff’s ingress and egress, and with the passage of its patrons to and from the highway and in and out of the cemetery. It granted a perpetual injunction, from which judgment the defendants appeal.

The respondent owns land on both sides of the Mission road, a public highway in San Mateo County, for a distance of some two thousand five hundred feet. Part of it is occupied as a cemetery, which extends far back on both sides of the road. On a portion of the property adjacent to the highway, and about one hundred feet from it, respondent erected a building containing its business offices and a flower-store, which was conducted in the premises. It has constructed and maintained an entrance in front • of this building from the highway,…

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