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SCHNEIDER v. CALIFORNIA COASTAL COM.

No. B186149.

44 Cal.Rptr.3d 867 (2006)

140 Cal.App.4th 1339

DENNIS C. SCHNEIDER, Plaintiff and Appellant, v. CALIFORNIA COASTAL COMMISSION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

June 28, 2006.

Attorney(s) appearing for the Case

James S. Burling, Sacramento, and Lawrence G. Salzman, Bellevue, WA, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Tom Green, Chief Assistant Attorney General, J. Matthew Rodriguez, Senior Assistant Attorney General, John Saurenman, Supervising Deputy Attorney General, Rosana Miramontes, Deputy Attorney General, for Plaintiff and Respondent.

YEGAN, J.

Here we conclude that the Legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating development. The Legislature has given the California Coastal Commission (Coastal Commission) enumerated powers to regulate such development. But, the Legislature has not empowered the Coastal Commission to "add" the factor of a boater's "right to a view" of the coastline as a factor to deny or restrict development in the...

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