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FEDUNIAK v. CALIFORNIA COASTAL COMMISSION

No. H028931.

56 Cal.Rptr.3d 591 (2007)

148 Cal.App.4th 1346

Robert FEDUNIAK et al., Plaintiffs and Respondents, v. CALIFORNIA COASTAL COMMISSION, Defendant and Appellant.

Court of Appeal of California, Sixth District.

March 27, 2007.

Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, J. Matthew Rodriquez, Senior Assistant Attorney General, Joseph Barbieri, Supervising Deputy Attorney General, Christiana Tiedemann, Deputy Attorney General, for Defendant and Appellant, California Coastal Commission.

Noland, Hamerly, Etienne & Hoss, Myron E. Etienne, Monterey, Michael Masuda, for Plaintiffs and Respondents, Robert Feduniak et al.

James S. Burling, Sacramento, Lawrence G. Salzman, for Amicus Curiae, Pacific Legal Foundation.

RUSHING, P.J.

INTRODUCTION

In this case, we conclude that the doctrine of equitable estoppel does not bar the California Coastal Commission from ordering a coastal homeowner to remove a private three-hole golf course from around the house and restore the area to its native sand dune vegetation in accordance with applicable restrictions on landscaping.

STATEMENT OF THE CASE

In 2002, the California Coastal Commission (Commission) issued cease...

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