Feduniak

Introduction

In this case, we conclude that the doctrine of equitable estoppel does not bar the California Coastal Commission from ordering a coastal homeowner to remove a private three-hole golf course from around the house and restore the area to its native sand dune vegetation in accordance with applicable restrictions on landscaping.

Statement of the Case

In 2002, the California Coastal Commission (Commission) issued cease-and-desist and restoration orders, directing plaintiffs Robert and Maureen Feduniak (the Feduniaks) to remove the three-hole pitch-and-putt golf course that surrounded their house on the Monterey County coast and restore the grounds to the dune vegetation native to the area. The Feduniaks challenged the orders by filing a petition for a writ of administrative mandate. (Code of Civ. Proc., § 1094.5.) They claimed that the Commission’s orders were invalid; and even if valid, the Commission was estopped from enforcing them. The trial court agreed with the second claim and granted the writ, estopping the Commission from enforcing its orders for as long as the Feduniaks owned the property.

The Commission appeals from the judgment and claims the court…