California Supreme Court Watch

#24-99 Shear Development Co., LLC v. California Coastal Commission, S284378. (B319895; nonpublished opinion; San Luis Obispo County Superior Court; 20CV-0431.) Petition for review after the Court of Appeal affirmed the judgment in an action for writ of administrative mandate. This case presents the following issue: What standard of review applies to a decision by the California Coastal Commission asserting appellate jurisdiction under Public Resources Code section 30603, where such jurisdiction depends on the Coastal Commission’s disagreement with a local government’s interpretation of its local coastal program?

Petition for review granted: 6/12/2024

Case fully briefed: 2/03/2025

Cause argued and submitted: 12/03/2025

Submission vacated: 12/10/2025

The court vacated submission in this matter and directed the parties to file supplemental briefs addressing the following issues: (1) Under the local coastal program in effect at the time that the Commission exercised appellate jurisdiction, did the Commission properly exercise appellate jurisdiction over Shear Development Co.’s coastal development permit on the ground that the development was not designated as the principal permitted use (Pub. Resources Code, § 30603, subd. (a)(4))? (2) Under the local coastal program currently in effect, did the Commission properly exercise appellate jurisdiction over Shear Development Co.’s coastal development permit on the ground that the development was not designated as the principal permitted use (Pub. Resources Code, § 30603, subd. (a)(4))?

Supplemental briefing completed; cause re-submitted: 2/04/2026

See the Court of Appeal Opinion.

See the Petition for Review.

See the Oral Argument.