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Charles A. Pratt Constr. Co. v. California Coastal Comm'n

ELR Citation: 38 ELR 20111
Nos. No. B190122, (Cal. App. 2d Dist., 05/08/2008)

A California appellate court affirmed a lower court decision holding unripe a construction company's takings claim against the California Coastal Commission for denying its application of a coastal development permit. The court rejected the company's argument that there is no economically productive use that can be made of its property as a result of the permit denial. The company has only presented one plan to the commission and the commission has made only one formal decision. That formal decision does not settle the question of what development will be allowed; nor does it indicate it would be futile for the company to submit other development plans. In addition, the commission's reasons for denying the permit were well-supported by the record.