Save Oxnard Shores v. California Coastal Commission

Here we hold that an administrative agency, the California Coastal Commission (Commission), may set aside a portion of its previous decision in compliance with an alternative writ of mandamus.

The alternative writ issued on the petition of Save Oxnard Shores, an unincorporated association of property owners, including William Coop-man, Robert Hansen and Samuel Goldfarb (collectively SOS). SOS questioned the validity of a Commission decision which conditionally certified the City of Oxnard (Oxnard) land use plan (LUP), permitting residential construction in an area known as Oxnard Shores.

Oxnard Shores Oceanfront Lot Owners Association and property owners Erik Linder and Emanuel Gyler (collectively OSOLOA) intervened before the Commission filed its return setting aside the challenged portion of its decision. Thereafter, on motion by OSOLOA, the trial court struck the Commission’s return as invalid, discharged the alternative writ, and dismissed the SOS petition.

We reverse that portion of the order striking the Commission’s return. We affirm the order denying OSOLOA attorney fees on its cross-appeal.

Facts

On May 20, 1980, following public hearings, Oxnard approved a…