Injunction to Prevent Acting to Abate Industrial Activity As a Nuisance

In Eaton v. Klimm (1933), 217 Cal. 362 property owners sued the Board of Health of the City and County of San Francisco for an injunction to prevent the board of health from acting to abate plaintiff's industrial activity as a nuisance. The board of health was authorized by the City and County of San Francisco to act on behalf of the entire public. (See id. at p. 366.) As noted above, section 731 of the Code of Civil Procedure specifically grants cities the power to require the city attorney to sue to abate nuisances. Thus, in Eaton the city merely elected to exercise its statutory power through its own board of health. The holding of the case was simply that, even though the board of health had standing to abate nuisances, the nuisance complained of did not come within the ordinance enforced and the property owners' injunction was improperly denied. ( Eaton v. Klimm, supra, 217 Cal. at p. 372.)