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GONSALVES v. CITY OF DAIRY VALLEY

Docket No. 31608.

265 Cal.App.2d 400 (1968)

71 Cal. Rptr. 255

FRANK A. GONSALVES et al., Plaintiffs and Appellants, v. CITY OF DAIRY VALLEY et al., Defendants and Respondents; DAIRYMEN'S FERTILIZER COOPERATIVE, INC., Intervener and Respondent.

Court of Appeals of California, Second District, Division Three.

August 30, 1968.

Attorney(s) appearing for the Case

Dannemeyer & Tuohey and Conrad G. Tuohey for Plaintiffs and Appellants.

Robert G. Beverly, City Attorney, and J. Kenneth Brown, Assistant City Attorney, for Defendants and Respondents.

Richards, Watson & Hemmerling and G.R. Watson for Intervener and Respondent.

SHINN, J.*

The proceeding is in mandate seeking annulment of the granting of a use permit by the City Council of the City of Dairy Valley for the establishment of a fertilizer plant. Upon the completion of the opening statement of petitioners the court granted a judgment of nonsuit under section 581c of the Code of Civil Procedure upon motion of the respondents. The petitioners appealed.

Dairymen's Fertilizer Cooperative, Inc....

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