RECENT CALIFORNIA DECISIONS

March 2009

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Sixth District Finds Coastal Commission Failed to Make Findings that Denying a Development Permit Would Result in a ‘Taking’ in Violation of the Coastal Act
McAllister v. California Coastal Commission, ___Cal.App.4th___

A property owner (McAllister) challenged the decision of the California Coastal Commission (Coastal Commission) to grant his neighbor (Lauber & Engle) a coastal development permit to build a home visible from his house. On appeal, the court considered two coastal development policies that: (1) protect environmentally sensitive habitat areas and protect (2) property owners from the application of development policies in a way that deprives them of beneficial or productive use of their land and causes an unconstitutional taking without compensation. In essence, where the strict application of a development policy would require the denial of a permit, but a denial would cause a taking, the permitting agency is authorized to relax the policy and grant a permit upon making certain requisite findings. Because the Coastal Commission did not make the findings necessary to justify granting the permit or consider whether denying a permit would constitute a taking, the court concluded the Coastal Commission failed to proceed in the manner required by law and abused its discretion.