Hafen

Hafen v. County of Orange

Good Law
128 Cal. App. 4th 133·2005 Cal. App. LEXIS 531·2005 Daily Journal DAR 4005·26 Cal. Rptr. 3d 584·2005 Cal. Daily Op. Serv. 2968
Court of Appeal of CaliforniaMarch 4, 2005G033970California4,962 words

Opinion

Opinion

Ikola, J.

Appellants, County of Orange, its Planning and Development Services Department, and Frank McGill (collectively, the County) appeal from the superior court’s judgment and writ of mandate compelling the County to issue a grading permit allowing respondents, Thomas Hafen, Jack Hafen, and their trust, World Ventures (collectively, Hafen), to rough grade four parcels of real property in Orange County’s Foothill/Trabuco Specific Plan (FTSP) area. The County argues the FTSP, adopted by the County’s board of supervisors in December 1991, embodies the applicable zoning and grading regulations, under which the agency properly insisted Hafen obtain a site plan/site development permit (SDP) before being issued a grading permit. The County further asserts that, contrary to the court’s express finding, Hafen has no vested right that would exempt or excuse him from compliance with the FTSP’s requirement.

The County is correct. For reasons we now explain, we reverse the judgment and remand to the trial court with directions to deny the writ petition.

FACTS

Background

The subject property consists of 9.277 acres of unimproved land located at the intersection of Hamilton Trail and…

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