HomeMy WebLinkAbout07/19/1940JULY 19, 1940
In accordance with the provisions of the
motion to adjounn to this date made at the last
regular meeting July 17, 1940, a meeting was held
in the Council Chambers of the City Hall which
Attorney Thompson attended and,- after an extended
informal round table discussion of various features
of Ordinance 440 during which those present dis-
cussed with Attorney Thompson the possibility of
Ordinance 440 being declared invalid, Com. Seager
requested Attorney Thompson to re -state in the
form of a resume' the essential points of his
discussion of Ordinance 440 so that the Secretary
might record the same in the minutes for the
benefit of those Commissioners who were not present.
Attorney Thompson volunteered to send the
Secretary a written opinion covering the matter,
transcript of which is incorporated herewith:
Dr. Howard W. Seager
Balboa Island, California
Dear Doctor:
Confirming my statement to you of
recent date, I wish to state in writing that
it is my opinion that Ordinance 440 of the
city of Newport Beach is in all respects
valid and enforceable. It might be that cer-
tain zoning of the city would upon test be
declared invalid and void as being discrimina-
tory, or some section or sub - section of said
ordinance might upon test be declared invalid
and unenforceable, but this would not affect
the ordinance or its enforcement as a whole.
Illustrating this statement, I call your
attention to the Zoning Ordinance of the
City of Los Angeles, which the Courts have
had occasion to construe and in construing
said ordinance, have declared that certain
zoning within the corporate limits of that
city is in violation of the State Constitu-
tion, but this has not in any way affected
the enforcement and validity of this ordin-
ance.
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The particular question of zoning which
is now before the Commission is in my opinion`
good zoning, but whether it is or not, I
believe that it has become final by reason
of the lapse of time, and the fact that
certain valuable property rights have been
acquired thereunder. I further believe that
on a test in Court, that the present zoning
would be upheld as:to the particular matter
now under discussion by your Commission.
You also asked for an opinion concerning
the fixing of setback lines, block by block.
In my opinion such a plan is feasible under
an ordinance to be drawn and which is now
being considered by this office. However,
these set -back lines should be definitely
Indicated by map as it would not be a feasi-
ble plan to fix set -back lines, block by
block, in any ordinance.
Hoping that I have covered the situation
discussed with you recently at the City Hall,
I am,
Very truly yours,
ROLAND THOMPSON,
City Attorney
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