McCARTHY v. CITY OF MANHATTAN BEACH

Docket No. L.A. 22507.

41 Cal.2d 879 (1953)

264 P.2d 932

NEIL S. McCARTHY et al., Appellants, v. CITY OF MANHATTAN BEACH, Respondent.

Supreme Court of California. In Bank.

December 30, 1953.


Attorney(s) appearing for the Case

Cosgrove, Cramer, Diether & Rindge, John N. Cramer, Leonard A. Diether and J.D. Barnum, Jr., for Appellants.

Clyde Woodworth, City Attorney, Dunlap, Holmes, Ross & Woodson for Respondent.


SPENCE, J.

Plaintiffs sought a judgment declaring that a certain zoning ordinance restricting the use of their ocean-front property to beach recreational purposes is "null and void" as applied to them. In the first cause of action they challenged the constitutionality of the zoning restriction insofar as it affects their land, claiming that it violates the due process and equal protection clauses of both the federal and state Constitutions and results in a taking...

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