McCarthy

Plaintiffs, leasehold owners and developers of property in South Lake Tahoe, brought this suit seeking a writ of administrative mandate (Code Civ. Proc., § 1094.5), together with declaratory and injunctive relief. The action sought to set aside California Tahoe Regional Planning Agency’s (CTRPA) assertion of jurisdiction over plaintiffs’ building project and to compel the California Department of Transportation (CALTRANS) to issue an encroachment permit allowing highway access to their property. The named individual defendants were sued in their official capacities. The matter was tried on the administrative record and stipulated facts and the testimony of plaintiffs’ design consultant. Using its independent judgment in reviewing the administrative record, the trial court found plaintiffs had acquired a vested right to complete the project before CTRPA regulations became effective, and that CTRPA consequently had no jurisdiction in the matter. It also found plaintiffs were entitled to the CALTRANS encroachment permit. We reverse.

I

We first view this case from a historical prospective. As we recounted in Raley v. California Tahoe Regional Planning Agency (1977) 68…