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Notorious California Coastal Commission Declared Unlawful

 http://news.findlaw.com/ap/o/1110/12-31-2002/20021231071500_31.html

Tuesday, Dec. 31, 2002       
Court Calls Calif. Commission Unlawful

By JENNIFER COLEMAN Associated Press Writer

SACRAMENTO, Calif. (AP) - The powerful commission that helps regulate development along the state's 1,100-mile coastline is unconstitutional because most of its voting members are appointed by the Legislature, an appeals court ruled.

Monday's ruling could at least temporarily bar the California Coastal Commission from issuing building permits or ruling on offshore oil leases.

The power to appoint and remove commission members gave the Legislature the authority to declare the law and also to control its execution, in violation of the Constitution's separation of powers clause, the Third District Court of Appeal ruled.

Peter Douglas, the commission's executive director, said he expected the commissioners will appeal.

The ruling upheld an April 2001 lower court ruling in a lawsuit brought by a group called the Marine Forests Society, which had experimented with using old tires to create artificial reefs in an effort to attract sea life. The Coastal Commission had ordered the group to halt the project in 1999 because it had not been issued a permit.

In the original order, Superior Court Judge Charles Kobayashi stopped the commission from granting or denying permits or issuing cease and desist orders. That order was stayed pending the appeal, but the appeals court's new ruling would lift that stay in 30 days.

If the decision becomes final now, "the Coastal Commission would essentially be out of business. That would create a chaotic situation along the coast," Douglas said.

But Ron Zumbrun, an attorney for the Marine Forests Society, said the ruling "doesn't shut the commission down. It limits it to its proper role."

If the state appeals to the state Supreme Court, the order would probably be stayed again, commission officials said.

Byron Tucker, a spokesman for Gov. Gray Davis, said the governor's office was still examining the ruling and didn't have a comment.

The ruling could create a moratorium on coastal building, or lead to automatic approvals of some projects, Douglas said.

The state recently won the right to review the renewal of 36 offshore oil leases, he said, and "If we're not in a position to act, those leases will be automatically extended."

The commission was created by voters in 1972. The Assembly speaker and Senate Rules Committee each appoint four members. The other four voting members are appointed by the governor. Commissioners can be removed before their terms expire by the person or persons who appoint them.

---
On the Net:
California Coastal Commission: http://www.coastal.ca.gov
Marine Forests Society: http://www.marinehabitat.org
2002-12-31     15:08:59 GMT

All Material ©2001-03: The American Association of Small Property Owners
"Your Capital Connection" . Washington, DC

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