Does the term "vested rights" mean "fundamental vested rights"?

California, United States of America


The following excerpt is from San Marcos Mobilehome Park Owners' Assn. v. City of San Marcos, 192 Cal.App.3d 1492, 238 Cal.Rptr. 290 (Cal. App. 1987):

10 We note the term "vested" as used in the "vested rights doctrine", and as used in the phrase "fundamental vested rights" for the administrative review standard, does not have the same meaning. In the former context, vested means a right the government is estopped to deny. In the latter context, "vested" means a right already possessed, and the term is subject to the same test of the importance to the individual as is the term "fundamental". (See Whaler's Village Club v. California Coastal Com., supra, 173 Cal.App.3d at p. 252, 220 Cal.Rptr. 2.)

* See footnote 1, ante.

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