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COUNTY OF SAN DIEGO v. McCLURKEN

Docket No. L.A. 21701.

37 Cal.2d 683 (1951)

234 P.2d 972

COUNTY OF SAN DIEGO, Appellant, v. J.A. McCLURKEN et al., Respondents.

Supreme Court of California. In Bank.

August 24, 1951.

Attorney(s) appearing for the Case

James Don Keller, District Attorney, Bertram McLees, Jr., and Duane J. Carnes, Deputy District Attorneys, for Appellant.

Harold W. Kennedy, County Counsel (Los Angeles) and Edward H. Gaylord, Deputy County Counsel, as Amici Curiae on behalf of Appellant.

Bertrand L. Comparet for Respondents.

TRAYNOR, J.

The county of San Diego brought this action to compel the removal of four gasoline storage tanks allegedly erected in violation of a county zoning ordinance. Judgment was entered for defendants, and the county appeals.

Defendants' property is about a mile from the center of Lemon Grove, a suburban area whose center is approximately 8 miles northeast of the business center of the city of San Diego. At...

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