California Supreme Court Watch

Dec 10, 2014
#14-140 Lynch v. California Coastal Com., S221980

#14-140 Lynch v. California Coastal Com., S221980.  (D064120; 229 Cal.App.4th 658; San Diego County Superior Court; 37-2011-00058666-CU-WM-NC.) Petition for review after the Court of Appeal reversed the judgment in an action for writ of administrative mandate. This case includes the following issues: (1) Did plaintiffs, who objected in writing and orally to certain conditions contained within a coastal development permit approved by defendant California Coastal Commission and who filed a petition for writ of mandate (Code Civ. Proc., § 1094.5) challenging those conditions, waive their right to challenge the conditions by subsequently executing and recording deed restrictions recognizing the existence of the conditions and constructing the project as approved? (2) Did the permit condition allowing plaintiffs to construct a seawall on their property, but requiring them to apply for a new permit in 20 years or to remove the seawall, violates Public Resources Code section 30235 or the federal Constitution? (3) Were plaintiffs required to obtain a permit to reconstruct the bottom portion of a bluff-to-beach staircase that had been destroyed by a series of winter storms, or was that portion of the project exempt from permitting requirements pursuant to Public Resources Code section 30610, subdivision (g)(1)?

Review granted 12/10/2014  | Oral Argument: 05/04/2017 | Decided: 07/06/2017 

See the Petition for Review.

See the California Supreme Court opinion.