Dana Point v. Cal. Coastal Com.

Filed 7/10/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CITY OF DANA POINT, D060260

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2010-00099827-CU-WM-CTL)

CALIFORNIA COASTAL COMMISSION,

Defendant and Appellant;

HEADLANDS RESERVE LLC,

Real Party in Interest and Respondent.

SURFRIDER FOUNDATION, D060369

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2010-00099878-CU-WM-CTL)

CITY OF DANA POINT,

Defendant and Appellant; ORDER DENYING REHEARING

AND MODIFYING OPINION

HEADLANDS RESERVE LLC,

Real Party in Interest and Appellant. [No Change in Judgment]

THE COURT:

The petitions for rehearing are denied. Justices O'Rourke and Aaron concur in the

denial. Justice Benke would grant.

The opinion filed herein on June 17, 2013, is modified as follows:

1. On page 7 of the dissenting opinion, delete the third sentence of the first

full paragraph.

2. On page 7 of the dissenting opinion, insert the following new paragraph

after the first full…