California Court of Appeal

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Burke v. California Coastal Comm'n, B207188

In a case arising from defendant's denial of a permit to replace an existing but deteriorating chain link fence located on private property at the bottom of bluffs at a city beach, denial of plaintiff's petition to vacate permit denial is reversed where, because the type of boundary settlement with the State Lands Commission was statutorily exempt from the purview of defendant-Coastal Commission (Pub. Resources Code, section 30416), the Commission had no jurisdiction to require a permit for the fence.

Appellate Information

  • Decided 12/01/2008
  • Published 12/01/2008

Judges

  • BOREN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Pacific Legal Foundation, J. David Breemer, Sacramento, for Plaintiff and Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Christiana Tiedemann, Acting Assistant Attorney General, John A. Saurenman, Deputy Attorney General, for Plaintiff and Respondent.
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