Feraut

Action against the City of Sacramento and its officers by a property owner of said City to enjoin the enforcement of a zoning ordinance enacted by the city council of said City. A general demurrer to plaintiff’s complaint was sustained "by the trial court, and upon her refusal to amend said complaint the court entered its judgment in favor of defendants. From this judgment plaintiff has appealed. The facts recited herein are those set out in the complaint. The City of Sacramento on April 19, 1923, passed a general zoning ordinance, in which the territory within its limits was divided into five separate dis tricts, therein designated as first residential, second residential, commercial, light industrial and heavy industrial. It was further provided in said ordinance' that no land or buildings in the commercial district should be used for any other purpose than for stores and other commercial purposes specifically named therein, and that all land and buildings in the second residential district should be restricted to family dwellings, apartment houses, hotels, and other noncommercial purposes, except that in hotels or apartment houses containing a certain number of rooms or…