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Appeals California Coastal Commission

Perkins Coie

CEQA Challenge to Campus Town Project in Monterey County Was Untimely

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The Court of Appeal held that a writ petition asserting potential CEQA violations concerning the Campus Town project, a significant development project in Monterey County, was untimely because it was filed after the fixed end...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

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The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Public Notice Need Not State That Permit Will Be Deemed Approved in Order for Permit Streamlining Act to Apply

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A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a...more

Holland & Knight LLP

Court of Appeal Enforces Permit Streamlining Act in California Coastal Zone

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In Linovitz Capo Shores LLC v. Calif. Coastal Commission (Linovitz Capo), California's Fourth District Court of Appeal applied and reconciled three different statutes. The first, the California Mobilehome Parks Act...more

Perkins Coie

Coastal Commission Order to Homeowners to Remove Seawall and Pay $1 Million Fine Upheld

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The Court of Appeal upheld a Coastal Commission cease-and-desist order requiring demolition of a seawall and payment of a $1 million penalty by homeowners who performed major reconstruction on their coastal home without...more

Perkins Coie

Plaintiff Lacked Standing to Sue Coastal Commissioners for Failing to Disclose Ex Parte Communications

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A court of appeal held that a plaintiff did not have public interest standing to sue Coastal Commissioners for violating disclosure obligations concerning ex parte communications because the lawsuit was not brought as a...more

Perkins Coie

Intentional Misrepresentations Insufficient to Invalidate Coastal Development Permit Where They Did Not Affect the Coastal...

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The court of appeal rejected a claim that a Coastal Development Permit (“CDP”) should be invalidated because it was based on intentional misrepresentations, finding that even if accurate and complete information had been...more

Perkins Coie

Court Upholds San Diego Convention Center Expansion

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A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission’s approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission,...more

Nossaman LLP

Martin’s Beach Saga Continues With California’s New Lawsuit

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On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more

Perkins Coie

Conditions for Coastal Development Approvals Must Be Reasonably Tailored to Accomplish Their Intended Purpose

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The Fourth District Court of Appeal held that that while most of the California Coastal Commission’s conditions for construction of a home on an oceanfront lot were reasonable, a requirement that the home be removed from the...more

Perkins Coie

Plaintiffs Failed to Exhaust Administrative Remedies When Their Consultant Did Not Expressly Raise Takings Claim

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Continuing a trend toward stricter application of the administrative exhaustion doctrine, an appellate court held that plaintiffs could not bring a takings claims against the Coastal Commission because they did not “present...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

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The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

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In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Perkins Coie

Coastal Development Permit Cannot Be Challenged in Court Until After Coastal Commission Decides an Appeal

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A court challenge to a local agency’s decision to grant a coastal development permit becomes moot when the Coastal Commission accepts an appeal of the decision, the California court of appeal ruled in Fudge v. City of Laguna...more

Sheppard Mullin Richter & Hampton LLP

CDP Applicant May Not Challenge Local Agency’s CEQA Decision on Coastal Development Permit While CDP Appeal to Coastal Commission...

In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait for the California Coastal...more

Nossaman LLP

Fourth District Holds That Local Agency CDP Court Challenge Was Mooted by Administrative Appeal to Coastal Commission

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On February 13, 2019, the Fourth District Court of Appeal in Fudge v. City of Laguna Beach (Feb. 13, 2019, G055711) __ Cal.App.5th ___, joined the First and Sixth Districts in holding that the Coastal Commission’s acceptance...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

Administrative Mandate is the Exclusive Method for Challenging an LCP under the Coastal Act

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An appellate court has held that the sole means of challenging a certified local coastal program (LCP) based on violation of the California Coastal Act is a petition for writ of administrative mandate under Code of Civil...more

Perkins Coie

Port Master Plan Conflicted with Coastal Act Goals

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A core principle of the California Coastal Act is to maximize public access to the coast, including recreational opportunities in the coastal zone. The Court of Appeal determined that the Coastal Commission acted within its...more

Nossaman LLP

Court Affirms Coastal Commission’s Consideration Of Takings Issues

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The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more

Best Best & Krieger LLP

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Downey Brand LLP

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

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On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - November 2014

Change of Heart – Court of Appeal Reverses Opinion in Bowman v. California Coastal Commission - Why it matters: The court in Bowman originally held that a permit condition could not be modified or deleted by a second...more

Nossaman LLP

Coastal Commission’s Public Access Easement Found to Be A Taking

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In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more

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