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Article: Jurisdiction of state panel upheld after landowner delays challenge.(coastal commission)(Mount Holyoke Homes)
- Article from:
- California Planning & Development Report
- Article date:
- January 1, 2009
CopyrightCOPYRIGHT 2009 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A property owner cannot participate in a California Coastal Commission appeal process for years and then assert that the Commission was prohibited from considering the appeal because it missed a procedural deadline years earlier, the Second District Court of Appeal has ruled.
The court rejected a Pacific Palisades landowner's contention that the Commission had lost jurisdiction over an appeal of the landowner's three-lot development because the Commission did not conduct a hearing within 49 days of receiving an appeal in 1999.
Landowner Mt. Holyoke Homes (MHH) "did not question the Commission's jurisdiction until June 7, 2003--three and a half years ...