Opinions of the City Attorney of San Francisco 1951 Pt.1

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(See Soho Park &, Land Company v. Board of Adjustment , /N.J,/142 A. 548. holding that conditions which the board had no power to impose should be exscinded.) (See also City of Los Angeles v. Southern Pacific Railroad Company , 151 Cal. 363. holding that the grant by a city council to a railroad company of the use of a street beyond the limit of its power to grant the use is not absolutely void, but is valid and effective to the extent of the limit of the power conferred upon it by the legislat
...ure, and is void and ineffective only insofar as the use granted exceeds such limit, ) The subsequent action of the owner of the property in agreeing to certain stipulations and of the City Planning Commission in adopting Resolution No. 3547 wherein the property was purportedly reclassified from a Restricted Commercial District to a less Restricted Commercial District was premised on the mistaken belief that the conditioni imposed by the Board of Supervisors was effective,. However, as here- tofore stated the action of the Board of Supervisors had the effect of classifying the property to Commercial without restrictions of any kind.

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