California Court of Appeal

In an action wherein plaintiff attempted to set aside a decision by the California Coastal Commission denying a coastal development permit under the California Coastal Act, and sought for damages on regulatory taking grounds, judgment denying a petition for writ of administrative or ordinary mandate and dismissing plaintiff's taking claim as unripe is affirmed where: 1) the agency had the ultimate authority to ensure that coastal development conformed to the policies embodied in the state's Coastal Act; 2) the agency's reasons for denying the permit were well supported by the record; and 3) the agency only issued one formal decision which neither foreclosed the question of what development will be allowed, nor precluded plaintiff from submitting other development plans.

Appellate Information

• Decided 05/08/2008
• Published 05/08/2008

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Manatt, Phelps & Phillips, LLP, Michael M. Berger, Los Angeles;  William S. Walter, for Plaintiff and Appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, John A. Saurenman, Supervising Deputy Attorney General, for Defendant and Respondent.