ELR Citation: ELR 20446
No(s). 26216 (Cal. Ct. App. Sep 24, 1970)

The refusal of the San Francisco Bay Conservation and Development Commission to permit a developer to deposit fill on shorelands does not constitute a taking for public use and compensation is not required. The court finds that a legislative program for preserving the existing character of the bay until completion of a comprehensive plan for shoreline use is a permissible exercise of the state's police power. This restriction is distinguished from those designed to provide open space or prevent increases in the cost of land acquisition, both of which would be "clearly unreasonable" and would require compensation. The decision of the lower court sustaining a demurrer without leave to amend is affirmed. See also Just v. Marinette County, 3 ELR 20167.

Counsel for Appellant
Quentin L. Kopp
300 Montgomery
San Francisco, CA 94104

Counsel for Appellees
Thomas C. Lynch Attorney General
Clayton P. Roche Deputy Attorney General
E. Clement Shute, Jr. Deputy Attorney General
350 McAllister
San Francisco, CA 94102

DRAPER, P.J., and HAROLD C. BROWN, J., concur.

Hearing denied; Peters, J., dissenting.