Beverly Oil Co. v. Los Angeles

Beverly Oil Co. v. Los Angeles

Opinion

 [*554]  [**866]   This is an appeal from a judgment for the defendants in an action seeking declaratory relief and to enjoin the defendants from enforcing a zoning ordinance alleged to restrict and eventually terminate the plaintiff's nonconforming use of land for oil production.

The plaintiff owns 11 1/6 acres of land bounded by San Vicente, Beverly and La Cienega Boulevards and West Third Street in Los Angeles. The first producing oil well on this property was drilled in 1908 and thereafter a total of ten or eleven oil wells were placed in production. In 1924 the property was annexed to the city as a part of the Fairfax Addition. In 1925 the city [***2]  council passed its first zoning ordinance; it zoned a part of the area in question for limited industrial use (M-2) and the remainder for commercial use  [*555]  (C-2). The use for drilling and production of oil was set apart for area "M-3" and was prohibited in "M-2" and "C-2" areas. However, the operation of existing wells in these areas was expressly permitted as a nonconforming use by the ordinance. In addition to the plaintiff's wells there were other wells in production in the area but as production declined these other wells were abandoned. By 1947 the only wells remaining in production were seven operated by the plaintiff on the property in question, and there are now no other wells for many miles. The wells yield approximately 6,000 barrels per month.

The area immediately surrounding the property is largely commercial with some light industrial development. All the surrounding streets are heavily traveled. On the westerly side the Pacific Electric Railway operates freight lines over its right of way. Beyond the immediately surrounding streets there is a dense residential development in every direction, although some of the area is zoned for light industrial and [***3]  commercial development.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.