California Coastal Act

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 notifying the Coastal Commission. 11 Lagunita, LLC v. California Coastal Commission, No. G058436 (4th Dist., Dec. 18, 2020).

In 2015, the

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 mandamus action. Spotlight on Coastal Corruption v. Kinsey, No. D074673 (4th Dist., Nov. 24, 2020).

The California Coastal Act allows

The court of appeal held that a vesting tentative map covering property within the Coastal Zone gave the developer the vested right to proceed with the project notwithstanding subsequent changes in local laws. While the project’s location in the Coastal Zone rendered it subject to Coastal Commission jurisdiction, this did not impair the enforceability of

The City of San Diego was not required to obtain a coastal development permit for a transitional housing project because the Coastal Commission had certified the City’s local coastal program, whose provisions therefore applied in lieu of the Commission’s regulations. Citizens for South Bay Coastal Access v. City of San Diego, 45 Cal. App.

The court of appeal rejected a claim that a Coastal Development Permit should be invalidated because it was based on intentional misrepresentations, finding that even if accurate and complete information had been submitted, this would not have caused the Coastal Commission to deny the application or require additional or different conditions. Hubbard v. California Coastal

A California Court of Appeal upheld denial of a petition by vintners challenging the prohibition on new vineyards within the Santa Monica Mountains Coastal Zone in deference to the California Coastal Commission’s finding that viticulture adversely impacts sensitive habitats, water quality, water supply, and scenic resources. Mountainlands Conservancy, LLC v. California Coastal Commission, No.

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 parcel “if any government agency orders it not to be occupied due to a natural hazard” was “overbroad,

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 the exact issue” during the administrative proceedings. Greene v. California Coastal Commission, 40 Cal.App.5th 1227 (2019).

Plaintiffs’ beachfront duplex bordered the designated

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 Beach, No. G05571 (4th Dist., Feb. 13, 2019).

In 2017, the Laguna Beach City Council approved