Visher

The City of Malibu appeals from the trial court’s refusal to dismiss David and Sandra Visher’s petition for writ of mandate as a “Strategic Lawsuit Against Public Participation.” Malibu also appeals from the trial court’s order awarding the Vishers the attorney fees they incurred in opposing Malibu’s motion to dismiss. We affirm the trial court’s orders.

FACTS AND PROCEDURAL BACKGROUND

People worldwide know that the City of Malibu lies on the California coast. Fewer people know, however, that under California’s Coastal Act a beachside city like Malibu cannot issue coastal development permits (CDP) to city property owners until it adopts a local coastal plan (LCP). For the entire nine years of its existence as a city following its incorporation in 1991, Malibu refused to adopt an LCP. In 2000, the Legislature authorized the California Coastal Commission to prepare an LCP for Malibu. (Pub. Resources Code, § 30166.5.) Immediately upon the Coastal Commission’s issuance of the LCP, city residents submitted a petition to Malibu officials demanding to subject the LCP to a local referendum. Putting the LCP on hold, Malibu filed a petition for writ of mandate against the Coastal…