California Court of Appeal
City of Dana Point v. California Coastal Commission, D060260
In consolidated appeals involving the defendant Commission's determination that the development mandated by plaintiff's nuisance abatement ordinance required a coastal development permit: 1) the trial court properly invalidated the Commission's determination that the development mandated by the ordinance requires a permit; but 2) the trial court erred in restricting the Commission from exercising jurisdiction over the development mandated by the ordinance without first determining in plaintiff city's case whether the plaintiff city was acting properly within the scope of its nuisance abatement powers reserved to it pursuant to Public Resources Code section 30005(b).
- Decided 06/17/2013
- Published 06/17/2013
- California Court of Appeal