McAllister

I. Introduction

This appeal represents the latest skirmish in Dr. Hugh McAllister’s battle to stop Sheldon J. Laube and Dr. Nancy J. Engel (Laube and Engel) from building a home on neighboring property visible from his home. Laube and Engel sought a coastal development permit, and the California Coastal Commission (the Commission) granted it. Dr. McAllister now challenges that decision.

The appeal raises myriad issues, one of which implicates two coastal development policies. One policy protects environmentally sensitive habitat areas—in this case, habitat for the Smith’s blue butterfly and coastal bluff scrub—by restricting development in those areas to uses that are dependent on habitat resources. Another policy protects property owners from the application of development policies in a way that deprives them of beneficial or productive use of their land and causes an unconstitutional taking without compensation. Under applicable regulations, where the strict application of a development policy would require the denial of a permit, but a denial would cause a taking, the permitting agency may relax the policy and grant a permit if it makes the required findings.

As we…