News & Analysis as of

Coastal Real Estate Building Permits

Perkins Coie

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to...

Perkins Coie on

The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). The court overturned the City’s...more

Downey Brand LLP

Second District Rejects CEQA and Coastal Act Challenge to Senior Facility in Pacific Palisades Area of Los Angeles

Downey Brand LLP on

In Pacific Palisades Residents Association, Inc. v. City of Los Angeles et al. (March 8, 2023, Case No. B306658) __ Cal.App.2d __, the Second District issued a strong opinion affirming the trial court’s ruling that a proposed...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? What's Up Dock?

Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

Cozen O'Connor

Coastal Communities Require Permits from Coastal Commission and from HCD for Mobile Home Construction

Cozen O'Connor on

In a landmark ruling last week, the California Court of Appeal held that park owners and residents in coastal manufactured housing communities must obtain permits from the California Coastal Commission (CCC), as well as from...more

Nutter McClennen & Fish LLP

Superior Court Decision Creates Uncertainty Concerning Municipal Harbor Plans

On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square...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

Nossaman LLP

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

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Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th!  This in-depth seminar will feature officials from the California Coastal...more

Perkins Coie

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

Perkins Coie on

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

Miller Starr Regalia

Coastal Act Trumps CEQA: CDP Challenger Must Administratively Appeal Local Entity’s Approval To Coastal Commission Before Bringing...

Miller Starr Regalia on

In a published opinion filed February 13, 2019, the Fourth District Court of Appeal (Division 3) reaffirmed the need for a CEQA litigant challenging a coastal development permit to appeal to the Coastal Commission before...more

Nossaman LLP

Regulatory Taking May Result From Improper CEQA Determination? Stay Tuned

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A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...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

Nutter McClennen & Fish LLP

Coastal Resiliency: what Massachusetts Residents Need to Know Before Purchasing Coastal Property 

To avoid surprises, potential buyers and current owners of shoreline property in Massachusetts should include in their purchase and development plans coastal resiliency strategies that will enable them to withstand, respond...more

Miller Starr Regalia

Court Rules in Favor of Coastal Commission and City in Constitutional Challenge to Land Use Plan Amendments

Miller Starr Regalia on

On October 17, 2018, in Beach and Bluff Conservancy v. City of Solana Beach, __ Cal.App.5th __ (2018) (Case No. D072304), the Fourth District Court of Appeal ruled against a coastal property owner’s group in its facial...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

Miller Starr Regalia

Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To...

Miller Starr Regalia on

In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more

Nossaman LLP

Improper CEQA Determination Does Not Trigger Regulatory Taking

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When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more

Best Best & Krieger LLP

California Supreme Court Strengthens Development Permit Protections

Municipalities will have greater protection against land-use litigation after the California Supreme Court’s unanimous ruling last month that property owners who proceed with permitted development projects will forfeit the...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more

Holland & Knight LLP

California Supreme Court Sides with Coastal Commission in Case Challenging Permit Conditions - Ruling Holds That Property Owners...

Holland & Knight LLP on

In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more

Pillsbury - Gravel2Gavel Construction & Real...

Lynch v. California Coastal Commission: The California Supreme Court Retreats from Deciding on “Managed Retreat” from Coastal...

On July 6, the California Supreme Court issued its highly anticipated decision in Lynch v. California Coastal Commission (case no. S221980). In this case, coastal homeowners alleged that, in issuing a permit to construct a...more

Nossaman LLP

California Supreme Court Grants Review of Coastal Act Decision with Takings Implications

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In September 2014, the Court of Appeal for the Fourth Appellate District issued a surprising decision, finding that even if an applicant maintains that it is accepting imposed permit conditions “under protest” and expressly...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court to Review Denial of Homeowner’s Private Beach Access

In the case of Lynch v. California Coastal Commission (D064120; Cal.App.4th 658; San Diego Superior Court; 37-2011-00058666-CU-WM-NC), the California Supreme Court has granted a petition for review of the decision by the...more

Sheppard Mullin Richter & Hampton LLP

Homeowners “Bluffed” Out Of Challenge To Coastal Permit To Rebuild Private Access Stairs

Barbara Lynch et al. v. California Coastal Commission (9/9/14, D064120) - The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development...more

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