Shear Development Co., LLC v. Cal. Coastal Com.
── Shear Development Co., LLC v. Cal. Coastal Com. ──
Court: California Supreme Court
Date: May 14, 2026
Category: General
Filed 5/13/26
IN THE SUPREME COURT OF
CALIFORNIA
SHEAR DEVELOPMENT CO., LLC,
Plaintiff and Appellant,
v.
CALIFORNIA COASTAL COMMISSION,
Defendant and Respondent.
S284378
Second Appellate District, Division Six
B319895
San Luis Obispo County Superior Court
20CV-0431
ORDER MODIFYING OPINION
THE COURT:
The request for modification of opinion filed on May 6,
2026, is granted. The opinion in this matter, filed on April 23,
2026, is modified as follows:
1. The sentence commencing at the bottom of page 26 of
the slip opinion that carries over to page 27 is modified to
1
replace the second reference to “Coastal Act” with “County’s
LCP” so the sentence reads:
Read as a whole, the Coastal Act communicates that both
local and state goals are important, and neither the
County nor the Commission, as local and state entities
respectively, should have greater deference accorded to
their interpretations of the County’s LCP.
This modification does not affect the judgment.
2
IN THE SUPREME COURT OF
CALIFORNIA
SHEAR DEVELOPMENT CO., LLC,
Plaintiff and Appellant,
v.
CALIFORNIA COASTAL COMMISSION,
Defendant and Respondent.
S284378
Second Appellate District, Division Six
B319895
San Luis Obispo County Superior Court
20CV-0431
April 23, 2026
Chief Justice Guerrero authored the opinion of the Court, in
which Justices Corrigan, Liu, Kruger, Groban, Evans, and
Stone* concurred.
*
Associate Justice of the Court of Appeal, Second Appellate
District, Division Seven, assigned by the Chief Justice pursuant
to article VI, section 6 of the California Constitution.
SHEAR DEVELOPMENT CO., LLC v. CALIFORNIA
COASTAL COMMISSION
S284378
Opinion of the Court by Guerrero, C. J.
In 2017, Shear Development Co., LLC (Shear), applied to
the County of San Luis Obispo (County) for a coastal
development permit to build single family homes in a developed
part of Los Osos, an unincorporated town in the County. The
County ultimately granted the permit in 2019. The California
Coastal Commission (Commission) appealed the County’s
decision to itself and denied the permit in 2020. The
Commission concluded that it had appellate jurisdiction because
the proposed development was in a sensitive coastal resource
area (SCRA) under the County’s local coastal program (LCP)
and because there was more than one principal permitted use of
the proposed development site under the County’s LCP. Shear
filed a petition for a writ of administrative mandate in superior
court, arguing that the Commission had no appellate
jurisdiction on either basis. The trial court denied the petition,
finding for the Commission on the SCRA issue. Shear appealed,
and the County, as amicus curiae, agreed with Shear’s positions.
The Court of Appeal affirmed the trial court’s judgment.
We granted review to decide the standard of review a court
should apply when determining whether the Commission’s
exercise of appellate jurisdiction over a coastal development
permit was proper and, when the Commission and a local
government offer conflicting interpretations of an LCP, whether
deference is due to either entity’s interpretation. To clarify how
1
SHEAR DEVELOPMENT CO., LLC v. CALIFORNIA COASTAL
COMMISSION
Opinion of the Court by Gu
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}