The city of Malibu cannot sue the state about bringing overnight camping sites to the area until the California Coastal Commission has voted on the issue, a Los Angeles Superior Court judge ruled Friday morning.
The city had filed a suit in July. Judge Jamcs C. Chalfant’s decision invalidates the suit. Nevertheless, City Attorney Christi Hogin is claiming victory because of a technicality included in Chalfant’s ruling.
The Santa Monica Mountains Conservancy earlier this year submitted an application to the Coastal Commission for overnight camping sites and other enhancements at conservancy parklands in Malibu. The method the conservancy used to apply for its project required the OK from Coastal Commission Executive Director Peter Douglas before it could go before the commission voting body. He gave the application his blessing in the spring. The city then sued, claiming Douglas should not have supported the application because it did not qualify for the method the conservancy used.
Last month, the state Attorney General’s Office asked the court to toss the city’s suit, claiming the issue could not go to court until after the Coastal Commission had voted on it. Judge Chalfant agreed.
The conservancy issued a press release Friday afternoon celebrating its victory.
“As a regulatory body, the city of Malibu should have known that its case was not ripe,” said Laurie Collins, chief counsel for the conservancy, in the press release.
But Malibu City Attorney Hogin was not shedding any tears on Friday. She said after the hearing that Chalfant’s ruling made it clear the state will have to prove Douglas’ approval of the conservancy’s application was legitimate both at the Coastal Commission meeting and at a possible court hearing if the city sues following the commission’s vote.
Hogin said this saves the city money because it will no longer have to go to court prior to the Coastal Commission hearing.
“It’s good for the budget and good for the process,” Hogin said.
The Coastal Commission voting body is expected to consider the conservancy’s application sometime early next year. Also early next year, and possibly at the same meeting, the commission will vote on a rival proposal from Malibu to ban overnight camping on public land within the city limits.