KUCERA v. LIZZA

Docket No. A075859.

59 Cal.App.4th 1141 (1997)

GILBERT KUCERA et al., Plaintiffs and Appellants, v. TIBERIO LIZZA, Defendant and Respondent.

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

December 8, 1997.


Attorney(s) appearing for the Case

COUNSEL

Bruce C. Osterman and David Edward May for Plaintiffs and Appellants.

Gary T. Ragghianti, City Attorney, Lisa A. Goldfien, Deputy City Attorney, and Ann R. Danforth as Amici Curiae on behalf of Plaintiffs and Appellants.

Brekhus, Williams, Wester & Hall, Peter B. Brekhus and Linda J. Philipps for Defendant and Respondent.


OPINION

LAMBDEN, J.

We consider the validity of an ordinance of the Town of Tiburon which preserves views and sunlight against unreasonable obstruction by tree growth. Gilbert and Heidi Kucera, owners of an apartment building, used the ordinance to attempt resolution of a dispute with neighboring apartment building owner Tiberio Lizza over eight Monterey Pines which had grown to obstruct their view. Reaching no resolution through...

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