PEOPLE EX REL. ST. PUB. WKS. BD. v. Superior Court

Duffy & Preston, Redwine & Sherrill and Justin M. McCarthy for Real Parties in Interest.

OPINION

HALVONIK, J.

Real parties are owners of approximately 17 of the 40 lots in the Pacific View Estates subdivision, located west of Highway 1 between Bodega Bay and the Russian River. The property was originally owned entirely by real party Tidwell, who subdivided it in 1967 and has since sold some of the lots. As of the effective date of the 1972 Coastal Act (former Pub. Resources Code § 27000 et seq.) a total of five homes had been constructed in Pacific View Estates.

Since adoption of the coastal act only one of the owners of Pacific View Estates' property, Carl Schreffler, has applied to the coastal commission for a permit to build. The North Central Coast Regional Commission accepted a staff recommendation that his application be denied, but the state commission on appeal denied the application only temporarily, "with the provision that unless a firm commitment to purchase [by state or private trust] is made within 12 months the North Central Commission would issue a permit."

Beginning in 1973 the regional and state commissions were engaged in the process of preparing a plan for…