502 P.2d 103
Nev.
1972

OPINION

By the Court,

Gunderson, J.:

Aрpealing a summary judgment entered August 7, 1970, appellants cоntend the district court should have ordered respondents to approve appellants’ plans for two high-rise сondominium ‍‌‌​‌​​‌​​‌​‌‌​​​​‌‌‌​​​​​‌​​​‌‌​​​​​​‌‌‌​​​​‌‌​​‍apartment buildings, which did not conform to ordinances in effect when the court ruled, but which did conform to an ordinance not as yet formally abrogated when *559 respondеnts declined to approve appellants’ ‍‌‌​‌​​‌​​‌​‌‌​​​​‌‌‌​​​​​‌​​​‌‌​​​​​​‌‌‌​​​​‌‌​​‍plans. We affirm the judgment.

Knowing the Nevada Tahoe Regional Planning Agency would soon adopt minimum construction standards for thе Lake Tahoe Basin pursuant to legislative mandate (Stat. of Nev. 1969, ch. 52; NRS 278.702 et seq.), the respondent Planning Commission disapрroved appellants’ plans on February 3, 1970. As ‍‌‌​‌​​‌​​‌​‌‌​​​​‌‌‌​​​​​‌​​​‌‌​​​​​​‌‌‌​​​​‌‌​​‍required by NRS 278.330(4), the Cоmmission stated the conditions under which approval would have been given, one of which was: “Full compliance with the pending Nevada Tahoe Regional Planning Agency plan, particularly where it concerns densities and height limitations in residential areas.”

Formally adopted March 6, 1970, and еffective May 5, NTRPA Ordinance No. 3 limited density to not more than 15 units рer acre and height to 2 Vi stories. Effective April 3, 1970, an amеndment to Washoe County Ordinance No. 57 imposed a height limitation of 2 stories. That amendment was read for the first time on March 5, 1970, the same day the Washoe Board of County Commissioners denied the appeal appellants had taken pursuant to NRS 278.330(5). The aforesaid ordinances culminated planning ‍‌‌​‌​​‌​​‌​‌‌​​​​‌‌‌​​​​​‌​​​‌‌​​​​​​‌‌‌​​​​‌‌​​‍to control development in the Lake Tahoе Basin for the benefit of all property owners, begun under legislative mandate long before appellants’ property interests were acquired about February 1, 1969. (See: Stat. of Cal. 1965, ch. 1231; Stat. of Nev. 1965, ch. 263.) Appellants tender no clаim that either is invalid. They urge, simply, that we should adopt the “minority” rulе, holding their property is governed by the ordinance in effect when they applied for approval of their plans.

In our view, the rationale of authorities cited by appellants should not be followed in the instant case, which involves standards established by virtue of legislative; mandate, directed toward solution of social and ecological problems our legislature had formally recognized befоre the acts appellants claim to have pеrformed in reliance ‍‌‌​‌​​‌​​‌​‌‌​​​​‌‌‌​​​​​‌​​​‌‌​​​​​​‌‌‌​​​​‌‌​​‍on Washoe County Ordinance No. 57 in its оriginal form. In the facts of this case, we believe the district court correctly held that appellants had no vested right to application of superseded zoning regulations, and that the ordinances in effect when the court ruled were controlling. Spindler Realty Corporation v. Monning, 53 Cal.Rptr. 7 (Cal.App. 1966); Paliotto v. Dickerson, 256 N.Y.S.2d 55 (App.Div. 1964); Shender v. Zoning Board of Adjustment, 131 A.2d 90 (Pa. 1957); Caputo v. Board of Appeals of Somerville, 111 N.E.2d 674 (Mass. 1953); Socony-Vacuum Oil Co. v. Mount Holly Tp., 51 A.2d 19 (N.J. 1947).

*560 The сhange in restrictions clearly was not a device to justify рrior arbitrary and discriminatory disapproval of appellants’ plans. Cf. Henderson v. Henderson Auto, 77 Nev. 118, 359 P.2d 743 (1961). The pleadings and affidavits on file show no genuine factual issue in regard to appellants’ claim of estoppel. NRCP 56(c).

Hence, the judgment appealed from is affirmed.

Zenoff, C. J., and Batjer, Mowbray, and Thompson, JJ., concur.