Chiquita Canyon, LLC v. Superior Court CA2/5
Generally, an applicant for a government-issued permit must litigate an administrative mandamus challenge to the conditions upon which such a permit is granted before commencing the permitted activity. Prior cases, including Lynch v. California Coastal Com. (2017) 3 Cal.5th 470 (Lynch), have held that failure to litigate in advance operates as a forfeiture of the permit holder’s right to contest the conditions imposed. We consider whether this forfeiture principle (which Real Party in Interest Los Angeles County (the County) dubs the Pfeiffer-McDougal rule ) can be invoked in a mandamus action filed by petitioner Chiquita Canyon, LLC (Chiquita) that challenges various conditions imposed in a conditional use permit authorizing continued operation of the Chiquita Canyon Landfill (Landfill). Specifically, we decide whether Chiquita’s allegation that the County should be estopped from invoking this forfeiture rule fails as a matter of law.
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