Inasmuch as we are of the opinion that the judgment must be upheld on the ground that the revocation of the permit and the rezoning invalidly attempted to interfere with vested rights, none of the other points relating to the admission and exclusion of evidence raised by the parties need be discussed because none of these related to evidence on this basic ruling. Even if erroneous, and most of them were not, they could not affect the validity of the judgment.
The only other point necessary to discuss is appellant’s contention that the trial court erred in excluding evidence relating to the defense of ‘unclean hands.’ The appellant attempted to show that when respondents purchased the property in question in 1946, and when the Board of Supervisors rezoned it so as to make it a part of a light industrial zone, respondents represented to the Board that they intended to use the property for a woodworking furniture shop and that they would reside on the premises and would use it for no other purpose. Appellant urges that to now try to change the nature of the use is bad faith and amounts to coming into court with unclean hands. The evidence was properly excluded. The County cannot, at this late date, impeach the unambiguous terms of its own zoning ordinance by parol evidence of the intentions of the members of the Board when they passed it.
The trial court correctly held that it could not permit evidence to be introduced contrary to the clear wording of the ordinance classifying the respondents’ property as light industrial. The police power to zone property may not be limited by private agreement. Nor can the Board properly show that the ordinance was conditioned upon a secret agreement with the property owner. Such an agreement would be illegal and against public policy. Recognition of the defense of unclean hands under such circumstances would result in the enforcement of an illegal agreement. For these reasons the evidence was properly excluded.
The judgment appealed from is affirmed.
LeCyr Cited for Amended Pleadings Issue
