S & M Investment Co., a California General Partnership v. Tahoe Regional Planning Agency, a Public Entity, Does I Through Xxx, Inclusive

Good Law
911 F.2d 324·1990 U.S. App. LEXIS 14007
United States Court of Appeals for the Ninth CircuitAugust 15, 199089-15353California2,792 words

Opinion

Opinion

Reinhardt, J.

Appellant, S & M Investment Company (“S & M”), contests the expiration of a development permit granted to it by the appellee, the Tahoe Regional Planning Agency (“TRPA”). S & M contends, first, that the period in which it had to commence construction under the permit was tolled because the project authorized by the permit was the subject of “legal action.” Second, appellant asserts that TRPA should be estopped from contending that S & M’s permit had expired because a TRPA staff member provided S & M with erroneous information concerning the expiration of the permit and the possibility of obtaining an extension. The district court, 702 F.Supp. 1471 , granted TRPA’s motion for summary judgment, and S & M appealed. We affirm.

I. FACTS

In 1968, California and Nevada, with congressional approval, entered into an interstate agreement to provide for the conservation of resources and control of development in the Lake Tahoe Basin. The agreement, known as the Tahoe Regional Planning Compact, created the Tahoe Regional Planning Agency and authorized the agency to develop a regional development plan. Pub.L. 91-148, 83 Stat. 360 (1969). In 1973, California created the California Tahoe…

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