MARINE FORESTS SOC. v. CAL. COASTAL COM'N

No. S113466.

30 Cal.Rptr.3d 30 (2005)

36 Cal.4th 1

113 P.3d 1062

MARINE FORESTS SOCIETY et al., Plaintiffs and Respondents, v. CALIFORNIA COASTAL COMMISSION et al., Defendants and Appellants.

Supreme Court of California.

Certiorari Denied October 31, 2005.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank and Tom Greene, Chief Assistant Attorneys General, J. Matthew Rodriquez, Assistant Attorney General, Joseph Barbieri, Alice Busching Reynolds and Lisa Trankley, Deputy Attorneys General, for Defendants and Appellants.

Robert Garcia, and Katrina D. McIntosh, Santa Monica; Law Office of J. William Yeates, J. William Yeates, Mary U. Akens, Sacramento, Keith G. Wagner; California Environmental Law Project and Laurens H. Silver, for Planning and Conservation League, Sierra Club, Mexican American Legal Defense and Educational Fund, Environmental Defense Center, Natural Resources Defense Council, League for Coastal Protection, Monterey Bay Aquarium, Surfrider Foundation, Defenders of Wildlife, National Audubon Society—California, Amigos de Bolsa Chica, Big Sur Land Trust, Cal Beach Advocates, California Coastkeeper Alliance, California Coastal Protection Network, The Center for Law in the Public Interest, Earth Alert!, Heal the Bay, Latino Urban Forum, The Ocean Conservancy, Ocean Outfall Group, Orange County Coastkeeper, San Diego Baykeeper, Santa Barbara Channelkeeper, SLO Coast Alliance, Vote the Coast, Wetlands Action Network and Wildlands Restoration Team as Amici Curiae on behalf of Defendants and Appellants.

The Zumbrun Law Firm, Ronald A. Zumbrun and Mark A. Teh, Sacramento, for Plaintiffs and Respondents.

Sheppard, Mullin, Richter & Hampton, Joseph E. Petrillo, David P. Lanferman, San Francisco, Peter F. Ziblatt; Law Offices of Thomas D. Roth and Thomas D. Roth, for California Building Industry Association, Home Builders Association of Northern California, Building Industry Legal Defense Foundation, Building Industry Association of San Diego and California Association of Realtors, as Amici Curiae on behalf of Plaintiffs and Respondents.

James S. Burling, M. Reed Hopper, Sacramento, and Anne M. Hayes for Pacific Legal Foundation, as Amicus Curiae on behalf of Plaintiffs and Respondents.

Jenkins & Hogin, Christi Hogin, City Attorney, and Gregg Kovacevich, for the City of Malibu, as Amicus Curiae on behalf of Plaintiffs and Respondents.

Berger & Norton, Manatt, Phelps & Phillips, and Michael M. Berger, for Signal Landmark and Hearthside Homes, as Amici Curiae on behalf of Plaintiffs and Respondents.

Karen Fumi Ibara, as Amicus Curiae, on behalf of Plaintiffs and Respondents.

Cox, Castle & Nicholson and Stanley W. Lamport, Los Angeles, for Land Use Preservation Defense Fund, as Amicus Curiae on behalf of Plaintiffs and Respondents.

Law Offices of Michael T. Larsen and Michael T. Larsen, for Encinitas Country Day School, Inc., Kathleen Porterfield and M & M Development, LLC as Amici Curiae, on behalf of Plaintiffs and Respondents.

Stan Furmanski, Los Angeles, as Amicus Curiae, on behalf of Plaintiffs and Respondents.

Shaub, Williams & Nunziato, Edward E. Vaill and David R. Shaub, Los Angeles, for Californians for Local Coastal Planning, as Amicus Curiae on behalf of Plaintiffs and Respondents.

Robert Clark, as Amicus Curiae on behalf of Plaintiffs and Respondents.


Certiorari Denied October 31, 2005. See 126 S.Ct. 577.

GEORGE, C.J.

This case involves a constitutional challenge to the provisions of the California Coastal Act (Coastal Act or Act) governing the appointment and tenure of the members of the California Coastal Commission (Coastal Commission or Commission). At the time this action was commenced, the applicable statutes provided, in part, that one-third of the voting members of the Coastal Commission were to...

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