California Tahoe Regional Planning Agency v. Day and Night Electric Inc.

The California Tahoe Regional Planning Agency (CTRPA) (Gov. Code, § 67000 ff.) seeks the removal of a warehouse addition of Day and Night Electric, Inc. (Day and Night) constructed in violation of its land use ordinance. Day and Night was informed by CTRPA that the ordinance prohibited additions to the Day and Night property. Day and Night proceeded to construct the warehouse on the basis of a building permit it obtained from the City of South Lake Tahoe after the city repudiated CTRPA’s authority and before CTRPA obtained an injunction quelling this governmental insurgency. The trial court held that CTRPA was estopped to enforce its ordinance against Day and Night. CTRPA appeals. There is no estoppel. We will reverse the judgment and direct the granting of the relief requested.

Facts

The facts are not in dispute. In February 1978, Day and Night sought CTRPA approval for the construction of a second story on its existing building in the City of South Lake Tahoe. CTRPA informed Day and Night that the property was located in a soil type zone for which the agency land use ordinance permitted only 1 percent land coverage. The building occupied 29.30 percent. This made the…