California court revives suit over 3-year permit delay; owner claims $1m+ loss
A California homeowner, Shi, who applied for a permit to construct an accessory dwelling unit (ADU) on his property in Palos Verdes Estates, has had his lawsuit against the city revived after a three-year delay in the permitting process. Initially applied for in 2020, the city only approved the ADU in 2023, despite California law requiring a ministerial process with a decision within 60 days for existing dwellings.
Shi claimed that the city's protracted handling of his application resulted in significant financial losses, including loss of property use, increased construction costs, interest expenses, and reduced property value, totaling over $1 million. However, the Los Angeles County Superior Court initially ruled in favor of the city, stating that ADU laws were designed to address the housing shortage rather than protect homeowners from financial losses.
The California Court of Appeal, Second Appellate District, Division Four, disagreed, ruling that homeowners are direct beneficiaries of the state’s requirement for timely, ministerial approval of ADU permits, and that preventing unnecessary delays is central to the permitting rules’ purpose.
Brief written by urgent.news from Times of India's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
