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CITY OF DANA POINT v. CALIFORNIA COASTAL COM.

Nos. D060260, D060369.

217 Cal.App.4th 769 (2013)

CITY OF DANA POINT, Plaintiff and Respondent, v. CALIFORNIA COASTAL COMMISSION, Defendant and Appellant; HEADLANDS RESERVE LLC, Real Party in Interest and Respondent. SURFRIDER FOUNDATION, Plaintiff and Respondent, v. CITY OF DANA POINT, Defendant and Appellant; HEADLANDS RESERVE LLC, Real Party in Interest and Appellant.

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

July 10, 2013.

Modification of opinion upon denial of rehearing.

THE COURT. — IT IS ORDERED that the opinion filed herein on June 17, 2013, is modified as follows, and the petitions for rehearing are DENIED:

Justices O'Rourke and Aaron concur in the denial. Justice Benke would grant.

1. On page 7 of the dissenting opinion, delete the third sentence of the first full paragraph [217 Cal.App.4th 214, advance report, 3d full par., lines 7-11].<...

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