2003-10-22 Amended Findings of Fact Conclusions of Law Order Regarding Trial on Count IV of the Fifth Amended Complaint

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C reach the same results when applying these defenses to identical factual situations.= 30. Vested rights can only accrue as to legal and permissible uses of the land.9 31. The issuance of a permit that is invalidated upon direct judicial review creates no vested right upon which an owner can rely-" 32. . Neither equitable estoppel nor vested rights are applicable where a party had fair notice as to governing and applicable laws and an invalid action occurs. A permit issued illegally, or in violation of the law, or under a mistake of fact does not confer a vested right upon the person to whom it is issued, even though that person has made substantial expenditures in reliance thereon . . . [citations omitted]. The underlying principle which supports this rule is that every person is presumed to know the extent of power of the municipal authorities.,, Oceanside had legal advice and notice from several legal sources. 33. Good faith on the developer's part is always required in determining when a landowner-developer's rights to project completion vest under existing zoning regulations. 35 AM.TUR POF 3d 385,suprq. n. 10. 34. An owner who obtains an invalid permit "would derive no benefit,and whatever he might do in pursuance of this permission would be at his own risk and loss....i 12 35. A developer who proceeds with construction in the face of a court challenge to his or her permit is deemed to have proceeded at his or her own risk and will not be accorded vested rights Allen v. City and County of Honolulu 58 Haw.432,435,571 P.2d 328,329(Haw. 1977) (citations omitted.);see also,Mark S.Dennison,Zoning—Circumstances Warranting Relief from Zoning Enforcement, 25 Am.lur.Proof of Facts 3d 541 (1994). See generally,Dorothy Tom,Development Rights in Hawaii,6 U.Haw.L.Rev.437(1984). 10 35 AmJur POF 3d 385,Zoning:Proof Of Vested Right To Complete Development Project, § 14,Necessity of good faith on developer's part. Miller v. Board of Adiustmant 521 A.2d 642,647 (Del.Super.Ct. 1986)(emphases added). 12 LW99 v.Parr. 164 Md.222,227-28, 164 A.743,745-46(1933). 22