HPT IHG-2 Properties Trust v. City of AnaheimAnnotate this Case
In 1999, defendant City of Anaheim issued a conditional use permit (CUP 4153) permitting development of two hotels (Project) by plaintiff IHG MANAGEMENT MARYLAND (IHG) on property owned by plaintiff HPT IHG-2 PROPERTIES TRUST. At the time defendants issued CUP 4153, it had a plan to construct the Gene Autry Way Overpass on the south side of the Property. Construction would require taking a portion of the Property and eliminating a substantial number of plaintiffs’ required parking spaces. To build the Overpass according to its plan, defendants would also be required to acquire adjoining property, with a triangular remnant (Triangle) remaining after construction. The resolution approving CUP 4153 also set out other development requirements, including upgraded setbacks and landscape. According to plaintiffs, defendants agreed they would build the Parking Structure and comply with the same upgraded setbacks and landscape requirements. After defendants built the Overpass, they enacted CUP 5573 that allowed construction of a surface parking lot instead of the Parking Structure and which permitted setbacks and landscaping that did not conform to the upgraded setbacks and landscape required for the Project. Plaintiffs filed a petition for writ of mandate asking the court to set aside CUP 5573. The trial court found defendants were estopped to change the design approved in CUP 4153, granted the petition, and ordered CUP 5573 to be set aside. Defendants raised several arguments why this was error. They assert plaintiffs had no vested right in the Triangle because CUP 4153 did not apply to that property. Further, they contend, CUP 4153 did not and could not require defendants to build and transfer the Parking Structure to plaintiffs. They also argued plaintiffs did not prove the elements of equitable estoppel. Finding no error, the Court of Appeal affirmed the judgment.