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GONG v. CITY OF FREMONT

Docket No. 23308.

250 Cal.App.2d 568 (1967)

58 Cal. Rptr. 664

WILLIAM GONG et al., Plaintiffs and Appellants v. CITY OF FREMONT et al., Defendants and Appellants.

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

May 1, 1967.

Attorney(s) appearing for the Case

Raymond E. Ott, City Attorney, and Allen E. Sprague, Assistant City Attorney, for Defendants and Appellants.

Harold W. Jewett, Jr., for Plaintiffs and Appellants.

CHRISTIAN, J.

Both sides appeal from portions of a judgment rendered in a mandamus proceeding brought to test the validity of two conditions attached to a land use permit.

The Procedural Background

Plaintiffs desire to build an auto service station upon their undeveloped property abutting Peralta Boulevard in the City of Fremont. The property lies within a "neighborhood commercial" zone in which service stations are prohibited except as conditional...

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