Ojavan Investors, Inc. v. California Coastal Com.

Plaintiffs Ojavan Investors, Inc., Port Lemore Corp., Sutton Properties, Inc., Sealubber, Inc., Pakid Holdings, Malek Agency Ltd., Quelimane Co., MTG Alliance Corp., Western Land Bank, Highland Group, Inc., P.U. Enterprise and Peter Bogart (at times collectively Ojavan Investors) appeal the trial court’s judgment imposing civil fines and a permanent injunction against violations of deed restrictions entered into by prior landowners as a condition of the California Coastal Commission’s (Commission) grant of coastal development permits. The Commission required the deed restrictions to further the purposes of the California Coastal Act of 1976 (Coastal Act). (Pub. Resources Code, § 30000 et seq.) Ojavan Investors also contest an order granting summary adjudication on the issue of Coastal Act liability raised in the Commission’s cross-complaint, as well as evidentiary exclusionary orders, an order precluding a jury trial and an order imposing discovery sanctions and declaring Bogart the “alter ego” of the corporate plaintiffs.

Factual and Procedural Background

On December 19, 1979, and May 10, 1990, the Commission issued permits to landowners David Leanse and Larry Thome…