City of Malibu v. California Coastal Commission

*899 Opinion

John M. Heidt and Mary Ann K. Heidt, as trustees of the John M. Heidt Family Trust, Anne Heidt Sebastian, and John K. Heidt (the Heidts) appeal from an order denying their motion for leave to intervene in an action brought by the City of Malibu (Malibu) and David Geffen against defendants Access for All, a public benefit corporation, public agencies California Coastal Commission and California Coastal Conservancy, and Peter Douglas and Sam Schuchat in their capacities as officers of the public agencies. The Heidts contend that the trial court abused its discretion in denying intervention, arguing that they have a “direct and immediate interest” in the litigation, that their interests are not being adequately protected by Geffen, and that intervention would not enlarge the issues in the case. Because we conclude there was no abuse of discretion in the denial of intervention, we affirm.

BACKGROUND

The Heidts, who are the heirs of “big band” leader Horace Heidt, own a beachfront house on Pacific Coast Highway in the Carbon Beach area of Malibu. Geffen, a well-known entertainment industry executive, owns a residence that is situated on four contiguous beachfront lots,…

To me, this is a paradigm case for intervention—and I therefore dissent.

FACTS

A.

The relevant background facts are not disputed. John M. Heidt and Mary Ann K. Heidt own a relatively modest beach house (a 1940’s house on a 45-foot wide lot) adjacent to the more substantial property owned by David Geffen (a residence situated on four contiguous beachfront lots). In 1983, the Coastal Commission (over the Heidts’ objections) granted Geffen’s application for a permit to improve his property, subject to a condition that Geffen sign an “offer to dedicate” (OTD) vertical and lateral easements to the Coastal Commission’s designee to provide public access to the shoreline. The vertical access easement would run between Geffen’s property and the Heidts’ property, with “a privacy buffer of at least 9’ in width between the access way” and the Heidts’ property. 1 Additional permits, subject to OTD’s for lateral but not vertical access, were issued to Geffen in 1991 and 2000.

Under the terms of the 1983 OTD, the offer to dedicate remained open and could be accepted at any time within 21 years, but certain things were to be done before it was accepted by the Coastal Commission’s designee:…

Hill, Farrer & Burrill and Dean E. Dennis, Los Angeles, for Movants and Appellants.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, and Daniel A. Olivas, Deputy Attorney General, for Defendants and Respondents.

MALLANO, Acting P.J.

John M. Heidt and Mary Ann K. Heidt, as trustees of the John M. Heidt Family Trust, Anne Heidt Sebastian, and John K. Heidt (the Heidts) appeal from an order denying their motion for leave to intervene in an action brought by the City of Malibu (Malibu) and David Geffen against defendants Access for All, a public benefit corporation, public agencies California Coastal Commission and California Coastal Conservancy, and Peter Douglas and Sam Schuchat in their capacities as officers of the public agencies. The Heidts contend that the trial court abused its discretion in denying intervention, arguing that they have a "direct and immediate interest" in the litigation, that their interests are not being adequately protected by Geffen, and that intervention would not enlarge the issues in the case. Because we conclude there was no abuse of discretion in the denial of…