Littoral Development Co. v. San Francisco Bay Conservation & Development Commission

Opinion

PETERSON, P. J.

This is the third appeal in which we have dealt with legal issues arising from the anomalous status of a bayfront parcel owned by appellants Littoral Development Co. and Diversified Realty Services (hereafter jointly referred to as Littoral). Here, Littoral contends: (1) The bayward one-third of its parcel was not subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission (BCDC), under the definition of Government Code 1 section 66610, as “marshland” lying lower than five feet in elevation; (2) BCDC’s enforcement actions constituted a…