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S & M INV. v. TAHOE REGIONAL PLANNING AGENCY

No. 89-15353.

911 F.2d 324 (1990)

S & M INVESTMENT CO., a California general partnership, Plaintiff-Appellant, v. TAHOE REGIONAL PLANNING AGENCY, a public entity, Does I through XXX, inclusive, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1990.

Attorney(s) appearing for the Case

John S. Warnlof, Ruta Paskevicius, Nelson, Warnlof & Vencill, San Ramon, Cal., and Gregg R. Lien, Hoffman, Lien, Faccinto & Spitzer, Tahoe City, Cal., for plaintiff-appellant.

Susan E. Scholley, Tahoe Regional Planning Agency, Zephyr Cove, Nev., for defendant-appellee.

Before LIVELY, FLETCHER, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Appellant, S & M Investment Company ("S & M"), contests the expiration of a development permit granted to it by the appellee, the Tahoe Regional Planning Agency ("TRPA"). S & M contends, first, that the period in which it had to commence construction under the permit was tolled because the project authorized by the permit was the subject of "legal action." Second, appellant asserts that TRPA should be estopped from contending...

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