What is the relationship between the vested right to mine on the property and the restriction on expansion of a zoning ordinance?
California, United States of America
The following excerpt is from Hansen Brothers Enterprises v. Board of Supervisors, 30 Cal.App.4th 23, 35 Cal.Rptr.2d 358 (Cal. App. 1994):
In a mining operation, the relationship between the vested right to mine on the property and the restriction on expansion of a zoning ordinance presents unique problems because the mine is a diminishing asset. (McCaslin v. City of Monterey Park (1958) 163 Cal.App.2d 339, 349, 329 P.2d 522.) "The very nature and use of an extractive business contemplates the continuance of such use of the entire parcel of land as a whole, without limitation or restriction to the immediate
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