McAllister

This appeal represents the latest round in plaintiff’s long battle against the approval of a coastal development permit on neighboring property. In administrative proceedings conducted by Monterey County officials and later by the California Coastal Commission, the real parties in interest won approval to construct a large single-family dwelling on the Big Sur Coast. In judicial proceedings below, real parties in interest and defendants successfully demurred to plaintiff’s complaint, which was then dismissed. On appeal, plaintiff contends that the dismissal was improper procedurally, because the demurrer was unauthorized and untimely. He also argues that the dismissal was improper substantively because he has a valid cause of action against the county based on jurisdictional grounds and based on the county’s violation of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; CEQA).

As we explain, we find no merit in plaintiff’s contentions. Procedurally, the trial court acted within its discretion in entertaining a second demurrer to plaintiff’s complaint after the conclusion of Coastal Commission proceedings. Substantively, there is no merit in…