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O'HAGAN v. BOARD OF ZONING ADJUSTMENT

Docket No. 31833.

38 Cal.App.3d 722 (1974)

113 Cal. Rptr. 501

HENRY O'HAGAN, Plaintiff and Appellant, v. BOARD OF ZONING ADJUSTMENT OF THE CITY OF SANTA ROSA et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

April 23, 1974.

Attorney(s) appearing for the Case

COUNSEL

John E. Olmsted for Plaintiff and Appellant.

John D. Flintner, City Attorney, and Michael J. Donovan, Assistant City Attorney for Defendants and Respondents.

OPINION

KANE, J.

Plaintiff Henry O'Hagan appeals from a summary judgment denying him recovery for damages in a mandamus action.

The pertinent facts reveal that on February 8, 1961, one Vernon Rose ("Rose"), the owner of the property located at 1207 Fourth Street in Santa Rosa, applied for a use permit for the purpose of constructing a drive-in restaurant at said location. On...

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