City of Monterey v. California Coastal Commission

Regional and state coastal commissions appeal from a judgment granting declaratory and injunctive relief to the City of Monterey (City) and the owner, Dale Runyan (Runyan), thereby permitting the reconstruction of certain historic buildings on Cannery Row without a coastal permit pursuant to the “repair” exceptions of Public Resources Code section 30610, subdivision (d) to abate a nuisance (§ 30005, subd. (b)).

On November 26, 1980, during the pendency of this appeal, a fire destroyed all but a small portion of the buildings on Cannery Rqw. The only remaining issue is whether Runyan is entitled to the “natural disaster” exception to the coastal permit requirement of section 30610, subdivision (g). For the reasons set forth below, we have concluded that the instant matter is moot, and that the judgment must be dismissed.

The pertinent chronology of the facts as revealed by the record and found by the court is as follows:

In March 1977, Runyan had an option to purchase a warehouse at 818 to 850 Cannery Row. The warehouse is located on a marine terrace overlooking the Pacific Ocean and lies within the permit area, as defined by the coastal act. On March 11, 1977, the…