RECENT CALIFORNIA DECISIONS

October 2006

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Second District Concludes Boaters’ Right to View Coastline Not a Proper Consideration in Coastal Commission’s Regulation of Coastal Development
Schneider v. California Coastal Commission

On June 28, 2006, the Second District Court of Appeal ruled that the California Coastal Commission was not authorized to consider an ocean boater’s right to a view of the coastline as a factor in regulating development. The court remanded the matter to the trial court, directing the court to issue a peremptory writ of mandate commanding the Coastal Commission to set aside its decision and rehear a request for a coastal development permit to build a residence.