Coastal Commission has jurisdiction over Balloon Track
A lawsuit by the so-called “Citizens for a Better Eureka” (CBE) has bombed out in the California 1st District Court of Appeals, which affirmed the lower court’s decision that the California Coastal Commission (CCC) does indeed have jurisdiction over Balloon Track property.
CBE argued the CCC didn’t have authority to hear appeals filed by environmental groups, Humboldt County Planning Commissioner Ralph Faust and two members of the CCC itself over a Coastal Development Permit approved by the City of Eureka in 2009. The higher court disagreed.
“[W]e affirm the judgment denying CBE’s petition for writ of mandate that seeks to prevent the appeal from going forward,” the court wrote in its decision filed Wednesday. Read it here.
The Appeals Court agreed with the Coastal Commission and wrote in its ruling that “the Phase 1 development [of the Marina Center project] ‘goes far beyond just nuisance abatement.’” Phase 1 is designed to prepare the property for a big box mall rather than simply address nuisance issues.
CBE was represented by the Pacific Legal Foundation. Balloon Track owner Rob Arkley is a past board member of PLF.