Legal Question in Real Estate Law in California

equitable estopple
I am trying to save a 100 year old
cypress tree that is causing minor
damage to the property owner's
garage which was built (by original,
not present owner) next to the tree
30 years ago in violation of the
California Coastal Commission's
Conditions of Approval requiring the
garage to be built ''at least 5 feet
from the tree''. The City signed off on
the structure without the conditions
of approval being met. The garage
can be easily moved 5 feet forward
to alleviate minor tree impact, still be
within legal setbacks and cost less
than tree removal and bring the
garage into compliance. Property
owner and the city are invoking
estopple to deny this alternative to
the tree's removal. My Appeal
hearing before Santa Cruz City
Council is on 3/25/08.
Comments most welcome. Thank
you.

Asked on 3/18/08, 11:09 am

Mitchell Roth MW Roth, Professional Law Corporation

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0 attorneys agreed

Re: equitable estopple

Good luck. A worth cause. Be prepared to prove 1. the life expectancy of the tree, the relative costs of the solutions.

Answered on 3/18/08, 1:01 pm

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