Opinion

County of San Diego v. McClurken

  • 37 Cal. 2d 683
  • 234 P.2d 972
  • 1951 Cal. LEXIS 322
Court
California Supreme Court
Filed
Aug 24, 1951
Status
Published
Author
Schauer
On the bench
Traynor, Schauer, Carter
Cited by
74 cases

gasoline tanks held to be "buildings" within definition provided in zoning ordinance

How later courts described this case

  • gasoline tanks held to be "buildings" within definition provided in zoning ordinance

Written by the judges who cited it.

The opinion

SCHAUER, J.

I dissent. The factual issues in this case, upon substantially conflicting evidence, were resolved adversely to the plaintiff by the trial court. Instead of viewing the case favorably to sustaining the judgment on contested issues of fact, the majority apply a directly contrary view. It is further my view that the opinion of the District Court of Appeal, Fourth Appellate District, prepared by Presiding Justice Barnard, with Justice Griffin concurring (reported in 99 A.C.A. 957 [ 222 P.2d 688 ]), correctly and soundly disposes of the issues presented.

For the reasons stated I would affirm the judgment of the trial court.

Shenk, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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