In Shear Development Co. v. California Coastal Commission, the Supreme Court last week held the California Coastal Commission did not have jurisdiction to overturn a county’s approval of a coastal development permit to build single family homes.
The court’s unanimous opinion by Chief Justice Guerrero refused to give deference to the Commission’s interpretation of a county’s local coastal program, a critical factor in determining whether the Commission was authorized to reverse the county permit, because it was — at least in this case — a strictly legal issue. Under those circumstances, a court should exercise its independent judgment, the opinion states. Nor did the court give deference to the county’s interpretation.
Using its independent judgment, the Supreme Court concluded that neither the local coastal program nor the California Coastal Act supported the Commission’s jurisdiction to review the county’s permit decision.
The court reversed the Second District, Division Six, unpublished opinion and it disapproved Charles A. Pratt Construction Co., Inc. v. California Coastal Com. (2008) 162 Cal.App.4th 1068, which was also decided by Division Six.
