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KLING v. CITY COUNCIL OF CITY OF NEWPORT BEACH

Docket No. 5566.

155 Cal.App.2d 309 (1957)

317 P.2d 708

DONALD S. KLING et al., Appellants, v. CITY COUNCIL OF THE CITY OF NEWPORT BEACH et al., Respondents.

Court of Appeals of California, Fourth District.

November 18, 1957.

Attorney(s) appearing for the Case

A.K. Phelps for Appellants.

Karl Lynn Davis, City Attorney, and John C. Penney, Assistant City Attorney, for Respondents.

BARNARD, P.J.

This is an appeal from a judgment denying the appellants' application for a writ of mandate ordering the city council of Newport Beach to approve a proposed subdivision.

The appellants are the owners of Lot 140 in a tract known as "Shore Cliff" tract. There are 142 lots in this tract, of which 138 lots are subject to a tract restriction providing that only one single family residence may be situated...

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