ELR Citation: ELR 20248
No(s). B199446 (Cal. App. 2d Dist. Sep 19, 2008)

A California appellate court upheld a land use commission's decision to hold a hearing on a developer's application to construct a 43-unit housing project on coastal property. The commission originally granted the developer a permit, but then a resident filed an appeal challenging the validity of the permit. The commission held a hearing and ultimately denied the developer's application for a permit. The developer argued on appeal that the commission failed to comply with statutory and regulatory notice requirements and, therefore, lacked jurisdiction to hold the hearing. But the commission's good-faith effort to notify interested persons and the public about the date, location, and purpose of the hearing was consistent with the open meeting objectives of the Bagley-Keene Act and, therefore, substantially complied with the Act's 10-day advance notice requirements. Any technical violation of the Act did not prejudice the developer. In addition, state regulations that also require 10 days' prior notice of a permit hearing do not allow state actions taken in violation of the regulatory notice requirement to be nullified. Even if they did, the commission substantially complied with the state regulatory notice requirement.