Smith v. North

In Smith v. North (1966) 244 Cal.App.2d 245, the Court considered an appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling alleged to be in violation of tract building restrictions. A motion to dismiss for mootness was made on the grounds that the proposed dwelling had been completed pending the appeal. The court considered the merits of the appeal, affirmed the judgment and denied the motion to dismiss.