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indication in the record that the equitable estoppel argument was
previously raised. The doctrine of equitable estoppel is not
raised in the petition. Additionally, in his response to a
motion for summary judgment by respondent on the same issue
involved in this case, petitioner did not argue that the doctrine
applied. Respondent has not had the opportunity to respond to
the argument and address the elements of the doctrine in relation
to the facts of this case. Therefore, we will not consider
petitioner’s equitable estoppel argument. In any event, for the
reasons stated above, this argument is not supported by the
chronology and facts and circumstances of this case.
Decision will be entered
for respondent.
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Last modified: May 25, 2011