Administrative/Regulatory
Feb. 28, 2024
…but some animals are more equal than others
Courts have overturned decisions by city councils or other agencies that acted as appellants and adjudicators in their own cases, violating the principle of impartiality and fairness. Why should the Coastal Commission be different?
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
In the realm of administrative appeals, strange things sometimes happen. Illustrative of one that has always struck me as strange is the recent (unpublished) opinion in Shear Dev. Co. v. California Coastal Commn. (2024) no. B319895. I will leave it to others to parse the substantive merits in this appeal involving the grant and then revocation of a permit to build three houses in the coastal zone.
What struck me...
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