County of Los Angeles v. Butcher

County of Los Angeles v. Butcher (1957) 155 Cal.App.2d 744, considered a motion to dismiss an appeal from a judgment dissolving a preliminary injunction and denying relief from alleged illegal lot divisions. The county claimed defendants subdivided a parcel into eight lots without filing a subdivision map. Pending the appeal, the defendants entered into land sale contracts as to some lots, and sold the others by deed. No stay orders were in effect. The court held the subsequent sales of lots rendered the appeal moot as to such lots. As to the land sale contracts, the court said at page 747: "If the judgment were reversed that would not undo the sales previously made to the persons now in possession under the contracts; and the granting of an injunction upon a new trial or pursuant to direction of this court could operate only upon resales made after default of contract purchasers -- a thing now resting in the realm of possibility and speculation. Courts do not grant injunctions upon such an attenuated basis."