Atlas Mixed Mortar Co. v. City of Burbank

This is an appeal from a judgment of the superior court of the county of Los Angeles directing a dismissal of this action after an order of the court sustaining the demurrer of the defendants to the plaintiff’s amended complaint. The action was instituted by the plaintiff for the purpose of obtaining an injunction restraining the respondent, City of Burbank, a municipal corporation, and also its co-defendants, its board of trustees and other officers of said City, from the enforcement of certain ordi nances enacted by said City through its said officials, regulating the use of commercial vehicles upon certain streets and highways within the corporate limits of said City, and to have said ordinances declared illegal and void. The facts out of which said action arose are briefly these: The plaintiff and appellant is a corporation which has for many years been engaged in the business of mixing and manufacturing mortar, plaster, cement, and kindred products, and of supplying its customers with such products, and also of furnishing to them sand, gravel, and crushed rock from its quarries. For these purposes plaintiff maintains a mixing and manufacturing plant in the City of Los…