• Land Use Attorney Capitola

California Supreme Court Holds That Landowners Forfeited Their Right to Bring A Lawsuit Challenging Coastal Development Permit Conditions Imposed By The Coastal Commission By Accepting The Permit And Constructing The Project.

In Lynch v. Coastal Commission, 5 Cal.5th 470 (2017), the California Supreme Court held that California residents who began construction of a cliffside seawall and stairway project, for which they had obtained the requisite coastal development and building permits, forfeited their right to challenge conditions imposed on the coastal development.

In 2009, the City of Encinitas (City) granted to Plaintiffs, Frick and Lynch, who were neighbors, permits to build a new seawall and to replace the lower portion of the private wooden stairway leading from their respective homes down to the beach.  Final approval for the project required a coastal development permit from the California Coastal Commission (Commission).

In 2010, while Plaintiffs’ application for a coastal permit was pending, a powerful storm caused the bluff below the Lynch’s home to collapse, and destroyed part of the existing seawall and the lower portion of the existing stairway. 

Continue Reading No Comments

CASE UPDATE: Court Affirms Reduced Attorneys’ Fees Award in CEQA Case Involving MND For Community Center..

In Save Our Uniquely Rural Community Environment v. County San Bernardino, (2015) 235 Cal.App.4th 1179, the trial court granted an environmental group’s petition for a writ of mandate concerning  a proposed community center and mosque, for which the county planning board had adopted a mitigated negative declaration (MND) and issued a conditional use permit (CUP), and the court ordered the MND and CUP be set aside solely for purposes of obtaining further CEQA review on the single issue of waste water treatment. 

Continue Reading No Comments

Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
Avvo Review