Paris

*340 Opinion

This is an appeal from a judgment of dismissal after respondents Paris’ demurrer to appellant City of Santa Clara’s amended complaint was sustained without leave to amend. The second amended complaint, in two causes of action, sought to enforce a condition contained in a variance granted to respondents by appellant. The first cause of action sought to enjoin respondents from acting in violation of the condition, contending the violation constituted a public nuisance under the terms of appellant’s zoning ordinance. The second cause of action requested a declaration of the rights and duties of all parties with respect to the condition contained in the variance. In addition to respondents, appellant had named as other defendants property owners of nearby residential property, although their property was outside appellant’s city limits.

Respondents held fee title to certain real property within appellant’s city limits. Prior to any proceedings, respondents purchased a strip of property adjoining their property. The controversy in this action involves access to this strip. The strip is an alley behind respondents’ property. At one end it provides access to a public…