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ROMAN CATH. ETC. CORP. v. CITY OF PIEDMONT

Docket No. S.F. 19149.

45 Cal.2d 325 (1955)

289 P.2d 438

THE ROMAN CATHOLIC WELFARE CORPORATION OF SAN FRANCISCO (a Corporation), Petitioner, v. CITY OF PIEDMONT et al., Respondents.

Supreme Court of California. In Bank.

October 27, 1955.

Attorney(s) appearing for the Case

Andrew F. Burke for Petitioner.

Irving Shore, Marvel Shore, Lawrence Speiser, Philip Adams, Wayne M. Collins, William Coblentz, Kamina K. Gupta, Ruth Church Gupta, George G. Olshausen, Albert C. Agnew, Ira W. Barr, Leo Pfeffer and Philip Baum as Amici Curiae on behalf of Petitioner.

J. Marcus Hardin, City Attorney, and Cyril Viadro for Respondents.

J.W. O'Neill as Amicus Curiae on behalf of Respondents.

CARTER, J.

This is a proceeding in mandamus by petitioner, the Roman Catholic Welfare Corporation of San Francisco, to compel the issuance of a building permit for the construction of a building to be used for an elementary school in which secular and religious subjects were to be taught. The building permit was denied on the sole ground that a zoning ordinance of the city of Piedmont prohibited the construction of any school within Zone A, where petitioner's land...

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