Candlestick Properties, Inc. v. San Francisco Bay Conservation & Development Commission

Appelant, Candlestick Properties, Inc. (Candlestick) filed an application with the San Francisco Bay Conservation and Development Commission of the State of California (BCDC or Commission) for a permit to fill a parcel of land. After hearings the permit was denied. Candlestick then filed an action with the San Francisco Superior Court seeking a review of BCDC’s action by way of a petition for writ of mandate pursuant to Code of Civil Procedure section 1094.5 and, in the alternative, damages for an alleged taking of its property without just compensation. The petition for the writ of mandate was denied and a demurrer without leave to amend was sustained to the cause of action for damages. Candlestick has appealed from the judgment.

Appellant is the owner of a parcel of land submerged at high tide by the waters of San Francisco Bay. The parcel cost $40,000 and was acquired in 1964 as a place to deposit fill from construction projects. The parcel is located within the boundaries of the Hunters Point Reclamation District, which was created by the Legislature in 1955. (Stats. 1955, ch. 1573, p. 2855; [West’s] Water Code Appendix § 78-1 to 17.) The parcel is adjoined by other…