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Douda v. California Coastal Commission

California Court of Appeals, Second District, Second Division
Mar 4, 2008
No. B188210 (Cal. Ct. App. Mar. 4, 2008)

Opinion


Page 562b

160 Cal.App.4th 562b __ Cal.Rptr.3d__ MILOS DOUDA et al., Plaintiffs and Appellants, v. CALIFORNIA COASTAL COMMISSION, Defendant and Respondent. B188210 California Court of Appeal, Second District, Second Division March 4, 2008

Los Angeles County Super. Ct. No. BS083737

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:

It is ordered that the opinion filed herein on February 6, 2008, (159 Cal.App.4th 1181;___ Cal.Rptr.3d___ ) be modified as follows, and the petition for rehearing is DENIED:

1. On page 17 [159 Cal.App.4th 1198, advance report, 3d full par. line 4], first full paragraph, the fourth sentence beginning with “The power is not broad” is deleted and the following sentence is inserted in its place, so the sentence reads:

The power is subject to review through the courts via a writ of administrative mandate.

2. On page 18 [159 Cal.App.4th 1199, advance report, 2d full par. line 7], first full paragraph, the fourth sentence the words “section 30240 represents a small portion of the coastal zone,” are deleted so the sentence reads:

Suffice it to say, an issuing agency’s decisions must be tempered by restraint and recognition of the minimum necessary regulation, and a local government can take issuing duties away from the Commission by putting together a local coastal program and having it certified.

There is no change in judgment.


Summaries of

Douda v. California Coastal Commission

California Court of Appeals, Second District, Second Division
Mar 4, 2008
No. B188210 (Cal. Ct. App. Mar. 4, 2008)
Case details for

Douda v. California Coastal Commission

Case Details

Full title:MILOS DOUDA et al., Plaintiffs and Appellants, v. CALIFORNIA COASTAL…

Court:California Court of Appeals, Second District, Second Division

Date published: Mar 4, 2008

Citations

No. B188210 (Cal. Ct. App. Mar. 4, 2008)