Mandamus Action to Remove Permit Conditions

Pfeiffer v. City of La Mesa (1977) 69 Cal. App. 3d 74, 78, 137 Cal. Rptr. 804 dealt with a building permit application. Specifically, Pfeiffer considered a condition requiring construction of a storm drain on the property, and held that a builder who had accepted such a condition on his building permit could not first accept the permit, and then sue to overturn the conditions. The builder was required to pursue a mandamus action to remove the offending conditions. (Ibid.) the Pfeiffer court did not have the benefit of the many cases decided in this area since 1977, most especially Ehrlich v. City of Culver City (1996), 12 Cal. 4th at pp. 864-867.