Can a private individual obtain an injunction to prevent the operation of a cemetery where the cemetery does not have a permit?

California, United States of America


The following excerpt is from Mendez v. Rancho Valencia Resort Partners, LLC, 207 Cal.Rptr.3d 532, 3 Cal.App.5th 248 (Cal. App. 2016):

creating and maintaining a dangerous and deleterious condition on their premises, thereby substantially impairing the use and enjoyment of respondents' adjoining premises]; Carter v. Chotiner (1930) 210 Cal. 288, 291292, 291 P. 577 [in action seeking to enjoin the operation of a cemetery where local ordinance required a permit that defendants did not possess, mere violation of ordinance was not a sufficient basis on which to grant the plaintiffs injunctive relief: It is elementary that violation of a penal ordinance does not of itself create a private nuisance per se , and it is likewise eleme[n]tary that in the absence of special injury an injunction will not be granted on the application of a private individual merely to prevent violation of a penal statute].)

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