Tomorrow morning, the Supreme Court will file its opinion in Shear Development Co. v. California Coastal Commission. (Briefs here; oral argument video here.)
The issue as summarized by court staff is: “What standard of review applies to a decision by the California Coastal Commission asserting appellate jurisdiction under Public Resources Code section 30603, where such jurisdiction depends on the Coastal Commission’s disagreement with a local government’s interpretation of its local coastal program?”
This is the last of two opinions for cases on the December calendar, but it has been delayed because the court vacated submission after argument and directed additional briefing on these issues: “(1) Under the local coastal program in effect at the time that the Commission exercised appellate jurisdiction, did the Commission properly exercise appellate jurisdiction over Shear Development Co.’s coastal development permit on the ground that the development was not designated as the principal permitted use (Pub. Resources Code, § 30603, subd. (a)(4))? (2) Under the local coastal program currently in effect, did the Commission properly exercise appellate jurisdiction over Shear Development Co.’s coastal development permit on the ground that the development was not designated as the principal permitted use (Pub. Resources Code, § 30603, subd. (a)(4))?”
The Shear Development opinion can be viewed tomorrow starting at 10:00 a.m., but I won’t have a summary of it until next week.
