City of Stockton v. Frisbie & Latta

The city council of the City of Stockton, operating as a municipal corporation under and by virtue of the authority of a freeholders’ charter, adopted by the electors of said city at a special municipal election held on the twenty-eighth day of November, 1922, and approved by the legislature at its session of 1923 (Stats. 1923, p. 1321 et seq.), “duly adopted and passed,” as the complaint alleges, “Ordinance No. 858, which went into full force and effect on December 13, 1923, whereby there was created in said city certain residence and certain non-residence zones. ’ ’

Among the specifically enumerated powers vested by said charter in the City of Stockton as a municipal corporation is the authority or power “to zone the city as relates to the use of proyei'ty” (charter, sec. 16, art. 3, Stats. 1923, p. 1334), and it was in pursuance of the power so vested in said city that the legislative body thereof passed the ordinance above named.

The provisions of said ordinance are as follows:

“Section 1—The City of Stockton is hereby divided into zones or districts to be known respectively as non-residence districts and residence districts, as follows:

“(A) Non-residence zones or…