California Court of Appeal

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Ocean Harbor House Homeowners Ass'n v. California Coastal Comm'n, H031129

In a case wherein the California Coastal Commission granted plaintiff a coastal development permit conditioned upon payment of a fee to be used toward the purchase of beach property elsewhere, to mitigate for the loss of beach area, denial of plaintiff's writ of administrative mandate is affirmed over claims that: 1) the fee was an unconstitutional taking because there was no nexus or rough proportionality between it and the projected impact of the seawall; 2) the commission lacked statutory authority to impose the fee; 3) the fee was not supported by substantial evidence; and 4) the commission arbitrarily increased the fee amount.

Appellate Information

  • Decided 05/23/2008
  • Published 05/23/2008

Judges

  • RUSHING, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Pacific Legal Foundation, Meriem L. Hubbard, Timothy Sandefur, Sacramento, Attorneys for Plaintiff and Appellant Ocean Harbor House Homeowners Association.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriguez, Senior Assistant Attorney General, Joseph Barbieri, Supervising Deputy Attorney General, Christiana Tiedemann, Deputy Attorney General, Attorneys for Defendant and Respondent California Coastal Commission.
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