Zoning, Planning and Use
Sep. 6, 2001
In 'Marine Forests,' Court Weighs Form Over Function
The separation-of-powers doctrine was used recently to invalidate a state commission that has been operating with significant public and political support for nearly 30 years. On May 8, a trial-court judge ruled that the California Coastal Commission was unconstitutional as comprised because the majority of its appointees are appointed by the legislative branch. Marine Forests Soc'y v. California Coastal Comm'n , 00AS00567 (Sacramento Super. Ct. May 8, 2001).




By Paula Daniels
The separation-of-powers doctrine was used recently to invalidate a state commission that has been operating with significant public and political support for nearly 30 years. On May 8, a trial-court judge ruled that the California Coastal Commission was unconstitutional as comprised because th...
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