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Environmental Partner Steven Kaufmann Quoted In Daily Journal On Coastal Commission Win For Solana Beach

10/18/2018 Daily Journal

The work of a Nossaman team made up of Environment and Land Use Practice Group members—Partners Steven Kaufmann and Liz Klebaner—was noted in the Daily Journal article, “Appellate courts rejects challenges to coastal property restrictions, but leaves door open.”

The story, which was featured on the front page of the Daily Journal, covered the 4th District Court of Appeal’s recent ruling in favor of the California Coastal Commission and our client, the City of Solana Beach.  The Court held that administrative mandamus is the sole remedy available to challenge a Coastal Commission decision approving the City’s land use plan, rejecting the property owner’s collateral attack on the City action to accept the Commission’s decision.  The Court also rejected facial constitutional challenges to the approved land use policies based on takings claims, holding that such a challenge must be raised on a case-by-case basis in an as-applied challenge.

Commenting on the decision, Mr. Kaufmann told the Daily Journal that the court followed “well-established case law” and that the victory was a “good victory for the Coastal Commission because it emphasizes the certainty of how you properly challenge a Commission decision in the land-use planning context…[and] it’s certainly gratifying to the city to have the resolution of the issue.”  

To read the full article, click here (subscription required).

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