California Court of Appeal

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North Pacifica LLC v. California Coastal Comm'n, B199446

In a case challenging denial of an application to construct a residential development on coastal property, denial of declaratory relief prohibiting the defendant from holding a hearing on the application is affirmed where: 1) defendant's good faith effort to notify interested persons and the public about the date, location, and purpose of the hearing substantially complied with the Bagley-Keene Act despite a failure to satisfy the ten day advance notice requirement; 2) any technical violation of the Bagley-Keene Act did not prejudice plaintiff; and 3) California Code of Regulations title 14 section 13063(a), which also requires ten days prior notice of a permit hearing, does not provide a nullification remedy.

Appellate Information

  • Decided 09/19/2008
  • Published 09/19/2008

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Warshaw & Pope, Jaquelynn Pope, Mill Valley, for Plaintiff and Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriguez, Senior Assistant Attorney General, and Joel S. Jacobs, Deputy Attorney General for Defendant and Respondent.
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