Wednesday, January 31, 2007

McAllister v. County of Monterey (Cal. Ct. App. - Jan. 31, 2007)

Want to build a huge, 10,000+ square foot home on the coast at Highway 1 in Big Sur, but have a neighbor who's the chair of the World Wildlife Fund's Marine Leadership Committee? Not surprisingly, you've bought yourself a fight. A big one. As described in this 49-page opinion by Justice McAdams.

The "winner"of this battle is perhaps neither surprising nor clear. In the end, the rich owners get to build their huge house, albeit with slight modifications. But the neighbor successfully delays the project during the six-plus years the various objections and litigations are pending.

Who's the winner? You tell me. In a way, they both win. And they both lose.