Last week, the California Supreme Court heard from both sides on whether construction on new homes in Los Osos could continue.
Tim Shea, owner of Shear Development, bought the property in 2003 and got permit approval from San Luis Obispo County.
Eight homes were going to be built in two phases; half were built immediately, with the other four to be built after the completion of the Los Osos Wastewater Project.
Jeremy Talcott, attorney for Shear Development, says Shea had approval for three of the final four homes but that’s when the California Coastal Commission appealed, claiming they are in an environmentally sensitive habitat area (ESHA).
The question being asked in court is whether the commission had the authority to overturn the permits.
"The justification that the commission put forward to take appeal of Tim’s permits was that the property was located in mapped ESHA,” Talcott said.
However, according to the Local Coastal Program, San Luis Obispo County's coastal land use policies, the property is not designated as environmentally sensitive.
Now, the California Supreme Court will have 90 days, unless there is an extension, to decide if the California Coastal Commission has the jurisdiction to get involved, or if it is bound by the terms of the Local Coastal Program.
“It does not have the power to draft those LCPS itself. It does not have the power to draft or force amendments,” Talcott argued in court.
Cara McConnell Newlon, representing the California Coastal Commission, disagreed and told judges, “That responsibility includes the authority to review local permitting decisions in sensitive coastal resource areas.”
KSBY News reached out to the California Coastal Commission for comment. A representative said they are not commenting on any ongoing litigation.
