Judge Restores Builder’s Suit on Bolsa Chica
A San Diego Superior Court judge reversed her earlier ruling and Friday reinstated much of a Bolsa Chica mesa developer’s lawsuit against the California Coastal Commission.
“We’re pleased with the judge’s ruling,” said Lucy Dunn, executive vice president of developer Hearthside Homes.
Hearthside and landowner Signal Landmark, a sister company, sued the commission over a November decision that restricted development to 1,235 homes on the upper portion of a 230-acre two-tier mesa. The commission had ruled out development on a 140-acre lower area to preserve habitat for hawks, falcons and other raptors.
Judge Sheridan Reed issued a tentative ruling Aug. 24 that knocked out many of Hearthside’s and Signal’s claims, saying they had been decided in previous litigation. But Friday, after receiving written arguments from the developer and Orange County, she decided to allow a court to decide whether the commission improperly ruled out development on the lower mesa.
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