Does the equitable estoppel doctrine apply in the context of a property owner's application for a permit to build a home in violation of zoning laws?

California, United States of America


The following excerpt is from Rezai v. City of Tustin, 26 Cal.App.4th 443, 31 Cal.Rptr.2d 559 (Cal. App. 1994):

In any event, application of equitable estoppel in not appropriate. As noted in County of Sonoma v. Rex, supra, 231 Cal.App.3d 1289, 282 Cal.Rptr. 796, "an estoppel will not be applied against the government where it will 'effectively nullify "a strong rule of policy, adopted for the benefit of the public, ..." [Citation.]' [Citation.] [p] Courts will invoke the equitable estoppel doctrine against the government in rare circumstances. When considering the application of the doctrine with respect to zoning laws and permits, courts must balance the individual's interest against the interest of the public and the community in preserving the community patterns established by zoning laws.... 'To hold that the City can be estopped would not punish the City but it would assuredly injure the area residents, who in no way can be held responsible for the City's mistake.' [Citation.] The ... public interest will generally outweigh any injustice to the individual which may result from 'relying upon an invalid permit to build issued in violation of zoning laws.' [Citation.]" (Id., at pp. 1295-1296, 282 Cal.Rptr. 796; see also City of Long Beach v. Mansell (1970) 3 Cal.3d 462, 493, 91 Cal.Rptr. 23, 476 P.2d 423.)

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