April 11, 2016

The trial court wasn't interested, but maybe you'll be

By Damien M. Schiff Senior Attorney

Last week, the San Diego Superior Court denied PLF’s request to submit an amicus brief on behalf of the San Diego Port Tenants Association in San Diego Unified Port District v. California Coastal Commission.*  The case concerns the Port’s challenge to the Commission’s denial of a proposed amendment to the Port’s master plan.  The Port wants to change its master plan to facilitate the construction of more hotel rooms along San Diego Bay.  The Commission won’t let that happen unless the Port and its private-party lessees agree to create (or pay for) a percentage of “lower cost” accommodations.  Among the many problems with the Commission’s demand is that it would make hotel development in the area largely infeasible.  PLF wanted to bring to the court’s attention the significant constitutional problems raised by the Commission’s condition.  Although the court did not accept the brief, that certainly doesn’t stop the readers of this blog from reading it.  Enjoy!

*California trial courts have significant discretion in deciding whether to accept amicus briefs.  Amicus participation in such courts is the exception, not the rule.

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