Wall

Wall v. Cal. Coastal Com.

Good Law
Court of Appeal of CaliforniaDecember 16, 2021B312912California4,010 words

Opinion

Opinion

Tangeman, J.

Filed 12/16/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

JACK WALL et al., 2d Civil No. B312912 (Super. Ct. No. 19CV03464) Plaintiffs and Appellants, (Santa Barbara County)

v.

CALIFORNIA COASTAL

COMMISSION,

Defendant and Respondent.

The California Constitution guarantees public access to the navigable waters of the state, including those along the Pacific Coast. (Cal. Const., art. X, § 4.) For nearly five decades, enforcing this guarantee at Hollister Ranch in Santa Barbara County has been fraught with controversy, and the Legislature has enacted multiple provisions to the California Coastal Act of 1976 (Coastal Act) that aim to ensure public access. Here, we conclude that one such provision—Public Resources Code1 section 30610.8—requires payment of an in-lieu public access fee for each coastal development permit (CDP) applicable to Hollister Ranch.

1 Unlabeled statutory references are to the Public Resources Code. The California Coastal Commission (Commission) denied a CDP request from Jack Wall and the Wall Family Trust (collectively, the Walls) to build a…

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