Berrata
Berrata v. Sales
Opinion
Lead Opinion
Plummer, J.
— Plaintiff had judgment in an action instituted to prohibit the defendants from enforcing a certain ordinance numbered 284, charter series, entitled, “An ordinance establishing certain districts or zones and regulating the use of property and the location of various industries and business or commercial establishments in the City of Petaluma” and the defendants appeal.
The city of Petaluma is a municipal corporation, operating under a freeholders’ charter, effective in 1911 (Stats. 1911, p. 1799).
On November 19, 1923, the city council of the city of Petaluma adopted an ordinance creating a planning commission, according to the provisions of the act of the legislature of 1915 (Stats. 1915, p. 708), and as amended by an act approved May 27, 1921 (Stats. 1921, p. 772). See, also, act of the legislature, approved May 31, 1917 (Stats. 1917, p. 1419). Thereafter, said commission reported to the city council a draft of a proposed zoning ordinance and also a map of the several proposed zones. On the twentieth day of July, 1925, the proposed ordinance was introduced in the city council of said city of Petaluma and the zoning map just referred to filed with the city clerk. Thereafter,…