Meloy
Meloy v. City of Santa Monica
Opinion
lead Opinion
Preston, J.
Defendant demurred to plaintiff’s amended complaint, the demurrer was sustained; plaintiff refusing to further amend, judgment was rendered for defendant, from which judgment plaintiff appeals.
The amended complaint alleges that for the past twenty years appellant has been and now is the owner and in possession of lot 1, tract 6437, in the city of Los Angeles, containing about sixty acres; that for many years past she has resided in her dwelling situated near the southerly end of the westerly boundary of her said land and has for many years caused, and is now causing, her said property to be cultivated and planted to growing crops; that appellant’s property, except for the things hereafter set out, is well situated for residence property, receiving as it does from the ocean constantly prevailing winds from a westerly direction, with an average velocity of ten miles per hour; that her property is located a sufficient distance from the business section of a city so that the noises, dust and crowds incident thereto have been lacking; that -on or about August 30, 1926, defendant acquired and became possessed and since then has owned and possessed the 175 acres known as the Clover…