Davidson

The County of San Diego, Board of Supervisors of San Diego County and Lauren M. Wasserman, director of the county’s department of planning and land use (collectively County) appeal from a judgment in favor of Kenneth W. Davidson, directing the County to process Davidson’s application for a building permit for a crematorium under the regulations effective when the application was made. The trial court found a zoning ordinance conferred vested rights at the time Davidson applied for the building permit; and as a matter of law, the County could not apply new regulations to Davidson’s project. We conclude the court erred because vested rights may be impaired by subsequent police power enactments reasonably necessary to protect the public’s health and safety.

Factual and Procedural Background

In 1981, the County enacted San Diego County Zoning Ordinance section 1019, subdivision a, which stated:

Before Davidson bought property in Spring Valley (zoned M54), he determined section 1019, subdivision a and other County regulations required only site plan approval and a building permit before constructing a crematorium. Davidson wrote to the County requesting it confirm his…