Coastal Permit Conditions Are Land-Use Restrictions, Not Exactions
In a seawall case from coastal Encinitas, the California Supreme Court has refused to expand the meaning of the Mitigation Fee Act to allow landowners to accept land-use permit conditions under protest and proceed with the project’s construction anyway. Instead, the court ruled that the Encinitas landowners forfeited their right to protest when they built a new seawall under a permit from the Coastal Commission that contained conditions the landowners later challenged in court.
