McAllister v. California Coastal Comm'n, H031283
In a property dispute between neighbors, grant of a coastal development permit is reversed and remanded where: 1) the California Coastal Commission (the Commission) did not make the findings necessary to justify that action or even consider whether denying a permit would constitute a taking; and 2) in granting the permit, the Commission failed to proceed in the manner required by law and abused its discretion.
- Decided 12/30/2008
- Published 12/30/2008
- California Court of Appeal
- For Appellant:
- Fenton & Keller, John S. Bridges, David C. Sweigert, Brian E. Turlington, Monterey, for Plaintiff and Appellant Hugh McAllister.
- For Appellees:
- Edmund G. Brown Jr., Attorney General, Tom Greene, Chief Assistant Attorney General, J. Matthew Rodriguez, Senior Assisant Attorney General, Patricia Sheehan Peterson, Deputy Attorney General, for Defendants and Respondents California Coastal Commission., Charles J. McKee, County Counsel, Frank G. Tiesen, Deputy County Counsel, Leslie J. Girard, Deputy County Counsel, Mary Grace Perry, Deputy County Counsel, Lombardo & Gilles, Sheri L. Damon, for Real Parties In Interest and Respondents County of Monterey et al.