Kaczorowski

In some situations a proposed project approved by a local governmental entity subject to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) may be appealed to the California Coastal Commission (Commission). The question presented by this appeal is whether, when such an appeal is taken to the Commission and it is the Commission which, after conducting a de novo proceeding, issues the permit for the project, an administrative mandamus challenge naming the local governmental entity, but not the Commission, is vulnerable to the claim that the Commission is an indispensable party. We agree with the trial court that the Commission is indeed an indispensable party.

Background

The Ten Mile River meets the Pacific Ocean on the Mendocino coast south of the Town of Seaside and north of Mackerricher State Park. Between the river and the Town of Inglenook to the south is a 389-acre parcel of land owned by Henry and Margaret Smith. Don and Margaret Perry wanted to build an inn on four acres of the Smith parcel.

In November of 1997 the Mendocino County Planning Commission adopted a negative declaration approving a permit for the project without…