February 11, 2011

Loynes, LLC vs. California Coastal Commission

Apparently Sean Hitchcock wasn't particularly pleased with the permit conditions the California Coastal Commission imposed and he has decided to take legal action. That's right, he's suing the Coastal Commission.

From the introduction of the Petition for Writ of Mandate:
  1. This lawsuit seeks a writ of mandate directing Respondent California Coastal Commission to vacate Special Condition Number 1, and its subparts of Coastal Development Permit No. A-5-LOB-10-015 that requires Petitioners and Plaintiffs Loynes, LLC and Sean Hitchcock to, among other things, construct an impermeable cap and seasonal pools on Petitioners' property.
  2. In imposing the condition, the Coastal Comission failed to proceed in the manner required by law. The condition lacks any nexus or rough proportionality with the impacts of the project authorized by the CDP and, therefore, results in a taking of Petitioners' property without compensation in violation of the Constitution of the United States and the State of California. Furthermore the Coastal Commission's decision to impose the Condition was arbitrary and capricious and was not supported by substantial evidence in the record.
Based on my quick review of the most recent Coastal Commission agenda, it seems as though this matter was discussed in closed session on Wednesday.

The petition for writ of mandate is below:
Loynes v CCC Petition for Writ of Mandate