SPORTS ARENAS PROPERTIES, INC. v. CITY OF SAN DIEGO

Docket No. L.A. 31987.

40 Cal.3d 808 (1985)

710 P.2d 338

221 Cal. Rptr. 538

SPORTS ARENAS PROPERTIES, INC., et al., Plaintiffs, Cross-defendants and Appellants, v. CITY OF SAN DIEGO et al., Defendants, Cross-complainants and Respondents; UNIVERSITY CITY VILLAGE TENANTS ASSOCIATION et al., Interveners and Respondents.

Supreme Court of California.

December 31, 1985.


Attorney(s) appearing for the Case

COUNSEL

Bruce A. Ray and Baxley, Mautino & Ray for Plaintiffs, Cross-defendants and Appellants.

John W. Witt, City Attorney, Ronald L. Johnson, Senior Chief Deputy City Attorney, C. Alan Sumption, Chief Deputy City Attorney, Kenneth So and Nina B. Deane, Deputy City Attorneys, for Defendants, Cross-complainants and Respondents.

D. Dwight Worden and W. Scott Williams for Interveners and Respondents.

John K. Van de Kamp, Attorney General, Andrea Sheridan Ordin, Chief Assistant Attorney General, N. Gregory Taylor, Assistant Attorney General, Steven H. Kaufmann, Deputy Attorney General, Natalie E. West, City Attorney (Berkeley), and Richard J. Wharton as Amici Curiae on behalf of Defendants, Cross-complainants and Respondents and Interveners and Respondents.


OPINION

BROUSSARD, J.

Plaintiffs appeal from a judgment enjoining them from renting their apartments except to senior citizens on a nonprofit basis.1 We conclude that the injunction must be vacated because the trial court misinterpreted the conditional use permit pursuant to which the project was to be built.

In March 1962, the Foundation for Specialized Group Housing applied to the City of San...

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