Charles A. Pratt Construction Co. v. California Coastal Commission

If “it’s a long, long time from May to December,” it’s an eternity from 1973 to 2008. But time, as Einstein taught us, is relative.

From a developer’s perspective, time stops when rights vest. Government Code section 66498.1 confers a vested right to proceed with a development that complies with local ordinances in effect when a local agency approves a vesting tentative map. But if a development does not comply with state and federal laws, the march of time is inexorable notwithstanding section 66498.1. This illustrates yet another perspective about time: “Nothing endures but change.” (Heraclitus, a Greek philosopher, 540-475 B.C.)

Charles A. Pratt Construction Co., Inc. (Pratt), filed this petition for a writ of administrative mandate, ordinary mandate and for damages against the California Coastal Commission (Commission). Pratt sought an order requiring the Commission to set aside its decision denying it a coastal development permit under the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq. (Coastal Act)), and for damages arising from a regulatory taking of its property. The trial court denied Pratt’s petition for writ of administrative or ordinary…