California’s powerful coastal watchdog has suffered a major blow after the state Supreme Court unanimously ruled it overstepped its authority over a shoreline development.
In a 7-0 ruling, the court sided with Shear Development and determined the California Coastal Commission had improperly asserted appellate jurisdiction over a long-running San Luis Obispo County housing project.
The decision sharply limits the agency’s ability to block or restrict certain coastal construction already approved by local governments.
“The core question here was whether or not the commission had appellant jurisdiction at all,” Jeremy Talcott, attorney for Shear Development, told KSBY.
“[The court] found that in fact the commission had never properly exercised jurisdiction, and ordering the courts below to issue a writ telling the commission to set aside all of its previous actions,” Talcott said.
Developer Tim Shea has been trying to build on three remaining lots off Mar Vista and Highland Drives in Los Osos since purchasing the properties in 2003.
Four homes were initially built, and after the completion of the Los Osos Wastewater Project, Shea sought a coastal development permit from San Luis Obispo County for the final four lots.
Three were approved before the California Coastal Commission stepped in through appeals.
The high court’s ruling not only undercut the commission’s prior actions in the case but also established that courts—not the commission—should interpret local coastal programs without deferring to the agency.
For some longtime residents, the ruling means accepting future development in exchange for neighborhood growth.
“We knew that it was a nice, quiet neighborhood, nice neighbors,” Linda McGuire, who has lived in the area since 1988, told the outlet.
“Can’t get mad at him if he builds another beautiful big home. I’ll just have to look around it and over it to see whatever water view or beautiful ocean view, but I’m sure whatever they build, it’ll be gorgeous.”
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