On November 12, we reported that the California Coastal Commission had asked the Court of Appeal to reconsider (for a third time!) its decision and rule in the Commission’s favor. Last week, we filed an answer to the Commission’s petition for rehearing, explaining why the Court need not rehear the appeal. We are pleased to report that, today, the Court of Appeal denied the Commission’s petition and allowed its decision striking down the Commission’s extortionate easement exaction to stand and become final.
The Commission may try to petition the California Supreme Court for review. But the odds of review of the Court of Appeal’s decision are remote. This is especially true, given how the decision simply applies well-established principles and existing precedents.