Advertising Display Systems v. City and County of San Francisco
The zoning administrator of the City and County of San Francisco[1](zoning administrator) notified Advertising Display Systems 1, LLC (ADS) that it must remove a billboard. ADS appealed the zoning administrators determination to the San Francisco Board of Appeals (board of appeals). At the hearing, the board of appeals stated that it was upholding the zoning administrators determination and, subsequently, it mailed a notice of its order and decision. ADS filed a petition for writ of administrative mandamus in the superior court against San Francisco, the San Francisco Planning Department, and the zoning administrator (collectively, respondents). The petition was filed within 90 days of the mailing of the board of appeals order and decision but it was more than 100 days after the board of appeals had orally announced at the hearing that it was upholding the zoning administrators ruling.
The trial court sustained without leave to amend respondents demurrer against ADSs petition. The court found that the statute of limitations under Government Code section 65009[2]barred ADSs action and that estoppel could not be invoked against respondents. ADS appeals and claims the lower court erred by failing to use the date of the mailing of the board of appeals decision as the date of accrual for purposes of the statute of limitations. Court agree that the mailing of the board of appeals notice of decision triggered the running of the statute of limitations and ADSs petition was timely. Accordingly, Court reverse the judgment.
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