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Malibu, City of v. California Coastal Comm'n

ELR Citation: 34 ELR 20080
Nos. No. B168229, (Cal. Ct. App., 08/23/2004)

A California appellate court held that the state coastal commission's development of a local coastal program for Malibu, requiring it to process coastal development permits, is constitutional. The amendment to the California Coastal Act that required the commission to prepare a local coastal plan for Malibu was not unconstitutional "special legislation." Although other coastal cities do not have local coastal plans, the legislature's decision to focus on Malibu was rational because Malibu stood head and shoulders above other entities in the burden it placed on the commission. Further, the legislature was entitled to select Malibu from among cities that had not implemented a local coastal plan because the state is entitled to solve a problem incrementally, starting with the worst offenders first. In addition, the local coastal plan is not subject to referendum.

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