Perkins Coie California Land Use & Development Law Report – Courts Continue to Reject Claims That Reasonable Reliance on Public Agency Representations Establishes an Entitlement to an Existing Use of Property

The California Land Use & Development Law Report
Legal Commentary on Planning and Development

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Courts Continue to Reject Claims That Reasonable Reliance on Public Agency Representations Establishes an Entitlement to an Existing Use of Property

The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Property owners should not rely on courts to uphold equitable estoppel claims against local agencies to establish an entitlement to an existing use of property. Under the doctrine of equitable estoppel, a public agency may be barred, or “estopped,” from asserting that an existing use of property is invalid if the property owner justifiably relied on the agency’s representation that the use was consistent with applicable zoning ordinances. In land use cases, courts are required both to find that the requirements of estoppel are met and to balance any adverse effect on public interest against the avoidance of injustice caused by failing to uphold the estoppel claims. Courts usually consider the public’s interest in maintaining the character of an area through established zoning plans and processes to be dispositive. Schafer v. City of Los Angeles, No. B253935 (2nd App. Dist., May 20, 2015).
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