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SILVA v. CITY OF CYPRESS

Docket No. 6827.

204 Cal.App.2d 374 (1962)

22 Cal. Rptr. 453

ANTHONY SILVA, Plaintiff and Appellant, v. CITY OF CYPRESS et al., Defendants and Respondents; NATIONAL THEATRE AND TELEVISION PROPERTIES, INC., Intervener and Respondent; WALTER KUPPENS et al., Real Parties in Interest.

Court of Appeals of California, Fourth District.

June 4, 1962.

Attorney(s) appearing for the Case

Willard R. Pool for Plaintiff and Appellant.

William Camil for Defendants and Respondents, and Intervener and Respondent.

Launer, Chaffee, Hanna, Ward, Stack & Langhauser and Daniel L. Stack for Real Parties in Interest.

SHEPARD, Acting P.J.

This is an appeal from a judgment denying a writ of mandate.

FACTS

Walter Kuppens and Mary Kuppens applied to the City of Cypress for a variance to build and operate a drive-in theater in said city, in an area zoned partly A-2 (heavy agricultural) and M-1 (light industrial). In accord with the city ordinance the application was made to the city planning commission. The ordinance provides that if the planning commission deems...

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