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In Hines v. California Coastal Commission, No. A125254 (decided June 17, 2010, ordered published July 13, 2010), the California Court of Appeal (First District) held that the California Coastal Commission properly refused to hear the appeal of a neighbor who opposed the grant of a use permit because the appeal did not present a “substantial issue” under the Coastal Act.

There is a lot of detail in the lengthy opinion, and we won’t cover it all here, but here’s the short version. The county board of supervisors granted a coastal development permit to build a home and garage, which reduced the 100-foot riparian setback to 50 feet. A neighbor objected, asserting that the county’s coastal policy “absolutely forbids construction of permanent structures within 100 feet from the lowest line of riparian vegetation,” and sought appellate review by the California Coastal Commission. The Commission declined to exercise jurisdiction. The…

Continue Reading Cal App: No “Substantial Issue” Meriting Appeal To Coastal Commission

Here at inversecondemnation.com we also cover eminent domain, regulatory takings, land use, and environmental issues. We even cover election law when it strikes our fancy.

But here’s one that’s in our core competency: in Frick v. City of Salina, No. 101,355 (July 9, 2010) the Kansas Supreme Court held that property owner-plaintiffs did not meet their summary judgment burden of opposing the city’s motion, and affirmed a judgment that the city did not inversely condemn their property by denying them the ability to construct driveways to access their land.

After the city condemned their property, the Fricks moved their businesses to another nearby site. The move, according to the Fricks, “was thwarted by the ‘inappropriate regulatory’ action of the City. Slip op. at 8. The regulatory actions complained of included:

(1) denial of reasonable access to the relocation site during the Project; (2) construction activities…

Continue Reading Kansas: Inverse Condemnation Case Resolved By Summary Judgment Burdens