The Sea Ranch Association v. California Coastal Zone Conservation Commissions

In this Section 1983 action [ 42 U.S.C. § 1983 ], appellants challenge the constitutionality of portions of the California Coastal Zone Conservation Act (the Act) [Calif. Pub.Resources Code §§ 27401 et seq. (West. Supp.1976)]. A three-judge court “abstained” in favor of “state court determination of the state issues.” Sea Ranch Ass’n v. California Coastal Zone Conservation Comm’n, 396 F.Supp. 533, 541 (N.D.Cal.1975).

We hold that the three-judge court was properly convened and that its order of abstention is appealable to this court. With respect to the vested rights issue presented to this court, we hold that if the claim is for exemption of the entire Sea Ranch project, the court below properly abstained. Alternatively, if the claim is for exemption of individual parcels, there was no “case or controversy” and therefore no jurisdiction under either Article III of the United States Constitution or the Declaratory Judgment Act [ 28 U.S.C. § 2201 ].

I.

THE APPEAL HAS BEEN PERFECTED

Three days after filing of the district court order, plaintiffs moved for “reconsideration” and “clarification,” under Fed.R.Civ.P. 60(b). After denial of that motion, plaintiffs filed a…