ICC Permit Technician Practice Exam

What doctrine prevents a municipality from asserting a right due to its prior actions or inactions?

1. Implied power

2. Public duty

3. Equitable estoppel

4. Sovereign immunity

The correct answer is: Equitable estoppel

The correct response highlights the concept of equitable estoppel, which plays a crucial role in municipal law by preventing a municipality from asserting a right based on previous actions or inactions when such a stance would result in unfairness or injustice to a party who relied on those actions or inactions. Equitable estoppel arises when one party makes a representation or conceives a course of action that another party relies on to their detriment. In municipal contexts, if a local government allows a property development to proceed without the required permits or fails to enforce regulations over time, they may be estopped from later asserting violations of those regulations against that property owner, as it would create an inequity. The other options do not accurately describe this doctrine. Implied power refers to authority derived from the necessary and proper clause, public duty deals with responsibilities the municipality has towards the public, and sovereign immunity relates to the protection governments have from being sued in some circumstances. None of these concepts directly address the implications of reliance on the municipality's past behavior, which is pivotal to equitable estoppel.