BRADY v. SUPERIOR COURT

Docket No. 20230.

200 Cal.App.2d 69 (1962)

19 Cal. Rptr. 242

FRANK W. BRADY, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY et al., Respondents; TOWN OF ATHERTON, Real Party in Interest.

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

February 7, 1962.


Attorney(s) appearing for the Case

George Olshausen and Frank J. Perry for Petitioner.

No appearance for Respondent.

Winston Churchill Black and Willard S. Johnston for Real Party in Interest.


TOBRINER, J.

We must determine here whether the trial court exceeded its jurisdiction in punishing petitioner for contempt. The court based its order on the ground that the occupancy of petitioner's home by his son and a rent-paying friend destroyed the home's status as a "single family dwelling" under the zoning ordinance of Atherton, California. As we shall point out, we do not believe the bare and undefined reference of the ordinance to such a dwelling sustained...

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