Collison

This is an appeal from a judgment permanently enjoining and restraining defendants from constructing, maintaining or operating any store or shop for the buying or selling of merchandise, etc., within a certain area in Altadena, Los Angeles County, California. Ordinances Numbers 1270 and 1306 (N. S.) provide for the zoning of approximately fifty-nine per cent of the territory of the section of the county known as Altadena. Forty-one per cent of the territory remains unzoned. An area of about seven and one-half acres is zoned for business or commercial uses and approximately twenty-one hundred and ninety-three acres are set aside for residential purposes. Just prior to the commencement of this litigation defendants had begun excavation for the construction of two store buildings within the area restricted for residential purposes. Plaintiffs, the home or property. owners near the location of the proposed store buildings, united to file their complaint seeking to enjoin defendants from completing the work. The complaint alleged a violation of the ordinances in question and further alleged special and irreparable injury and damage to the plaintiffs, different in degree and kind from…