Yosemite Title v. County of Tuolumne CA5

FACTS AND PROCEDURAL HISTORY

Plaintiffs were the developers and one time owners of real property located in Tuolumne County and commonly known as Seven Legends Ranches (the development or the subdivision). On July 9, 2003, the County issued to plaintiffs a building permit to construct a gate and façade entrance to the development at Road J-59. On April 20, 2004, the County issued to plaintiffs a second building permit for the electrical installation related to said gate entrance at Road J-59. After the permits were issued by the County, plaintiffs expended significant sums of money in reliance on the permits to build the subject gate and façade and to install the necessary electrical infrastructure for the gate. On September 7, 2004, the County revoked both of the permits it had issued to plaintiffs. The explanation given by the County was that the subject permits were issued in error because the gate violated Tuolumne County Ordinance Code section 17.56.110, which section prohibited the obstruction of easements and rights-of-way. After the County revoked the permits, it continued to work with plaintiffs in an effort to reach a “development agreement” to possibly allow the gate…