Can a property owner obtain a judicial vested right to complete construction pursuant to a zoning permit?

California, United States of America


The following excerpt is from Shamrock Base Corp. v. City Of Los Angeles, B216637, No. BS114517 (Cal. App. 2010):

5. Avco "sets forth the judicial vested rights doctrine as applied to land use: 'It has long been the rule in this state and in other jurisdictions that if a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, he [or she] acquires a vested right to complete construction in accordance with the terms of the permit. [Citations.] Once a landowner has secured a vested right the government may not, by virtue of a change in the zoning laws, prohibit construction authorized by the permit upon which he [or she] relied.' ([Avco, supra, 17 Cal.3d] at p. 791.)" (Davidson v. County of San Diego (1996) 49 Cal.App.4th 639, 646.)

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