6DCA Oral Argument - 2026/06/02 Afternoon Session - Jun 02, 2026
argument6DCA Oral Argument - 2026/06/02 Afternoon Session
California Sixth District Court of Appeal
37 min
8 chapters
transcribed 9 days ago
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Transcript
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What are the opening formalities and case identification for the Ruby Falls appeal?
Good afternoon and please be seated. Welcome to the Sixth District Court of Appeal for argument this afternoon. We have one matter on calendar. Um I'll remind council that uh and everyone here that um our arguments are live streamed uh and will be posted to our website um shortly. after uh and also that um The justices have access to our laptops here on the bench. So if you see us looking off to the right, we have the briefs, our notes, the record, everything we might need for the case. Give us just a minute to get situated and we will be with you.
All right. Um going to have counsel state your appearances and confirm your time estimate, please. Um we'll do it at the podium. Uh so starting with um uh well I have to call the case H O five three two six two Ruby Falls Fund L L C plaintiff and appellant versus Jack Ainsworth et al defendants and respondents. Appearing for a pellet today.
Good afternoon. Paul Beard on behalf of the appellant Ruby Falls.
All right. And confirming your time estimate, Mr.
About fifteen minutes probably with less.
All right. Did you want to reserve five of that for rebuttal? Yeah,
I'll reserve five.
All right, great. Thank you. And uh let's have a respondents council Uh just come to the podium and state your appearance and time estimate.
Good afternoon, Your Honors. Sherry Posner from the Attorney General's office on behalf behalf of the California Coastal Commission respondents and also fifteen minutes.
All right, thank you very much, Mr. Beard. Once you're situated, we're happy to hear you commence arguments.
Thank you, Your Honor. Let me get my watch here set up. Um
We will eventually have a timer, believe it or not.
Oh. We're
gonna have a new courthouse.
I assume your honor does not tell us when our ten minutes have come and gone, right?
Well I try to give you a warning, but
Okay. Okay. Thank you, Your Honors. And may it please the court I'd like to address two issues from the briefing um today. The first issue being um The coastal staff's failure to transfer the permit in twenty seventy. And the second issue being the coastal staff's failure to um issue the CDP to Ruby Falls in twenty eighteen. And I think the common thread from our perspective that runs through these two issues is uh coastal staff's failure um to fairly play by the rules and policies that they themselves have set up. And that they expect everyone else, all the public that comes before them for business, to uh obey and abide by. I think that's really what this case is about. So to start with issue one. Uh issue one concerns the transfer of the CDP and to kind of contextualize my my discussion about that, I just wanted to um uh briefly quote the sentence, the relevant sentence that's in dispute here.
Uh from regulation uh fourteen co California code of regulation section one three one seven zero that concerns the transfer of permit. um uh provision. And there um The regulation makes clear that any person can apply for a transfer of the permit.
How do the parties state their appearances and time estimates at the start of the hearing?
upon presentation of of an affidavit recognizing the conditions and also evidence quote evidence of the landowner's interest. The language that's in dispute here is um in subsection B, which says upon the executive director's written approval of the documentation submitted The documentation shall become part of uh the project file maintained by the Commission. In other words, once that documentation is approved, it becomes part of the file and the permits transferred. Um so the dispute is over what what level of discretion does that give the executive director? What what is the discretion that that language written approval of the documentation submitted? What does that provide the executive director?
I would submit that that language needs to be read and understood alongside the Commission's policy. It's a written policy in the application form that says these are the items I'm saying
written policy in the application form. In the app
in in in in your standard permit application form, page AR of the administrative record it's one hundred thirty. In writing says these are the forms of documents that are acceptable to establish a legal interest in
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Chapters
8 chapters
1
What are the opening formalities and case identification for the Ruby Falls appeal?
5:04–8:40
2
How do the parties state their appearances and time estimates at the start of the hearing?
8:40–13:57
3
What is the first issue regarding the Coastal Commission’s failure to transfer the permit in 1970?
13:57–17:57
4
What is the second issue concerning the failure to issue the CDP to Ruby Falls in 2018?
17:57–21:38
5
How is the executive director’s discretion under §1317‑0 interpreted by the appellant?
21:38–25:16
6
What arguments are made about equitable relief and the title dispute’s impact on the project?
25:16–29:51
7
Why does the appellant claim the permit issuance was improperly blocked by the Coastal Commission?
29:51–33:42
8
How does the court conclude the hearing and what are the next steps for the written opinion?
33:42–37:16
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