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SUNSET VIEW CEMETERY ASSN. v. KRAINTZ

Docket Nos. 19776, 19777.

196 Cal.App.2d 115 (1961)

16 Cal. Rptr. 317

SUNSET VIEW CEMETERY ASSOCIATION (a Nonprofit Corporation), Respondent, v. R.J. KRAINTZ, as County Building Inspector, Appellant. (Two Cases.)

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

October 4, 1961.

Attorney(s) appearing for the Case

John A. Nejedly, District Attorney, and John B. Clausen, Assistant District Attorney, for Appellant.

Francis P. Healey as Amicus Curiae on behalf of Appellant.

Blair F. Burton and Fitzgerald, Abbott & Beardsley for Respondent.

Loeb & Loeb and Herman F. Selvin as Amici Curiae on behalf of Respondent.

TOBRINER, J.

Appellant has appealed from two judgments of the Superior Court of Contra Costa County granting writs of mandate ordering appellant building inspector to issue to respondent cemetery association a building permit for the construction of "an Administration Building, Crematory and Mortuary." Initially appellant claims that the cemetery ordinance of the county "does not permit a mortuary use of property dedicated for cemetery purposes"; and, secondarily...

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