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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

**City Alleges Mobile Home Park's Solar Facility Violates Zoning Laws**

State Court
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A contentious legal battle over a solar power installation in Santa Clarita has culminated in a mixed ruling from the California Court of Appeal. The City of Santa Clarita filed a complaint against Canyon View Limited on August 13, 2024, challenging the legality of a solar facility spanning two properties within the city.

The lawsuit centers around a large solar power installation located primarily on a hillside within the Canyon View Estates mobile home park, with approximately one and a half panels extending onto an adjacent property. The City of Santa Clarita alleged that the solar facility constituted a nuisance due to violations of zoning and building codes. Specifically, the City claimed that the installation reduced required open space within the mobile home park and was built without necessary permits for the portion extending onto neighboring land.

The trial court initially sided with both parties to some extent, acknowledging that while the City had proven its nuisance claim regarding the adjacent property, it also found that Canyon View Limited could invoke an equitable estoppel defense. This defense was based on repeated assurances from city officials that they lacked jurisdiction over permits for mobile home parks, leading to significant financial investments by Canyon View Limited in good faith.

Despite this partial victory for both sides, neither party accepted the judgment, prompting appeals. The appellate court's decision clarified several key points: it ruled that while the City failed to prove its nuisance claim for the majority of the solar facility within the mobile home park—largely because it could not retroactively challenge decades-old permit conditions—it did uphold that portion of the facility extending onto adjacent property as a public nuisance due to lack of proper permitting.

The City is seeking demolition of these panels without compensating Canyon View Limited for removal costs. Meanwhile, Canyon View Limited maintains that their actions were justified based on prior communications with city officials and existing regulatory frameworks.

Attorneys representing both sides include Stephen E. Norris and Dean A. Bochner from Horvitz & Levy LLP for Santa Clarita, and John C. Murphy along with Douglas J. Evertz from Murphy & Evertz LLP for Canyon View Limited. The case was presided over by Judge Stephen P. Pfahler under Case ID B320230.

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