[DOWNLOAD] "Mccarthy V. City Of Manhattan Beach" by Supreme Court Of California ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mccarthy V. City Of Manhattan Beach
• Author : Supreme Court Of California
• Release Date : January 30, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Plaintiffs sought a judgment declaring that a certain zoning ordinance restricting the use of their ocean-front property to beach recreational purposes is "null and void" as applied to them. In the first cause of action they challenged the constitutionality of the zoning restriction insofar as it affects their land, claiming that it violates the due process and equal protection clauses of both the federal and state Constitutions and results in a taking of their property for public use without compensation. (U.S.C.A. Const. Amend. XIV, § 1; Cal. Const. art. I, § 13.) They also alleged that the restrictive use is unreasonable, arbitrary, and discriminatory, and is an abuse of legislative discretion. In their second cause of action they challenged the validity of the zoning restriction on the ground that it was not passed in good faith but was adopted pursuant  to a scheme, conceived by the mayor and members of the city council, to depress the value of plaintiffs' property so that it could be acquired for public park purposes at the lowest possible price. The trial court decided in favor of the city; and settled legal principles sustain the propriety of its judgment.

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