FLAGSTAD v. CITY OF SAN MATEO

Docket No. 17311.

156 Cal.App.2d 138 (1957)

318 P.2d 825

JEAN C. FLAGSTAD, Plaintiff and Appellant, v. CITY OF SAN MATEO et al., Defendants; HARRY REGAN et al., Defendants and Appellants.

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

December 16, 1957.


Attorney(s) appearing for the Case

O'Gara, McGuire & Speirs, O'Gara, McGuire, Danielson & Speirs, James A. O'Gara, Jr., William F. Seeley and Cyril Viadro for Plaintiff and Appellant.

Anderson & McMillan, P.E. Bermingham, W.A. Henderson, S. Hamilton and Edward R. FitzSimmons for Defendants and Appellants.


DRAPER, J.

Defendants Regan and General Petroleum Corporation, as lessor and lessee, applied for a zoning variance permitting construction and operation of a service station. After a tie vote in the city planning commission, the application was heard by the city council, which granted the variance in modified form Plaintiff, owner of adjoining property, brought this action seeking writ of mandate or of review. Upon...

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