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  5. 133 Cal.Rptr.2d 551 (2003)
 

ENCINITAS COUNTRY DAY SCHOOL, INC. v. CALIFORNIA COASTAL COMM'N

Nos. D038323, D040300.

133 Cal.Rptr.2d 551 (2003)

108 Cal.App.4th 575

ENCINITAS COUNTRY DAY SCHOOL, INC., et al., Plaintiffs and Appellants, v. CALIFORNIA COASTAL COMMISSION, Defendant and Appellant; San Elijo Lagoon Conservancy, Real Party in Interest and Appellant. Encinitas Country Day School, Inc., et al., Plaintiffs and Respondents, v. California Coastal Commission, Defendant; San Elijo Lagoon Conservancy, Real Party in Interest and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied June 5, 2003.

Review Denied July 23, 2003.

Certiorari Denied February 23, 2004.

Attorney(s) appearing for the Case

Lewis, D' Amato, Brisbois & Bisgaard, Lewis Brisbois Bisgaard & Smith, Martin J. Mullen, Jeffry A. Miller, San Diego; Law Offices of Michael T. Larsen, Michael T. Larsen, San Diego; Howard, Rice, Nemerovski, Canady, Falk & Rabkin and Richard C. Jacobs, San Francisco, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Assistant Attorney General and G.R. Overton, Deputy Attorney General for Defendant and Appellant.

Johnson & Edwards, Johnson & Cross, Kevin K. Johnson and Jared Phil Hanson, San Diego, for Real Party in Interest and Appellant.

Certified For Partial Publication.1

McCONNELL, J.

In the published portion of this opinion, we address the appeal by the California Coastal Commission (Commission) and the San Elijo Lagoon Conservancy (Conservancy) of the trial court's issuance of a writ holding the Commission's denial of a permit was invalid because the Commission failed to timely rule within the 49-day jurisdictional...

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