Administrative agencies have jurisdiction over many regulated areas. A party dissatisfied with a
decision of an administrative agency can challenge the decision by filing a petition for a writ
of administrative mandamus in the trial court. If that fails, the party can appeal.
Conforti et al. v. El Dorado/Diamond Springs Fire Protection
District (C086226) (2019)
California Court of Appeal
Third Appellate District
Bruce represented the respondents in a land use dispute involving a propane
storage facility. After the property owners rebuilt one of two previously
permitted propane tanks, the fire district refused final approval, citing a new
setback requirement adopted after the original permit. Bruce successfully argued
that the owners retained a vested right to continue the nonconforming use,
having relied in good faith on the permit and invested substantial resources.
The Court of Appeal affirmed the trial court's judgment granting a writ of
mandate, holding that the fire district could not retroactively apply the new
setback rule to deny final approval.
This appeal involved a deep dive into regulatory zoning and permit issuance. The
Court analyzed vested rights and reliance in the context of land use permitting,
concluding that retroactive application of new rules may be improper where
substantial reliance and investment occurred.
