BENSON v. CALIFORNIA COASTAL COMMISSION
Filed 6/6/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
| JOHN A. BENSON, Individually and as Trustee, etc., Plaintiff and Appellant, v. CALIFORNIA COASTAL COMMISSION, Defendant and Respondent. | 2d Civil No. B186125 (Super. Ct. No. CV040105) (San Luis Obispo County)
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on May 9, 2006, be modified as follows:
1. On page 8 after the fourth full paragraph, add the following paragraph:
Benson's reliance on section 30335.1 is misplaced. That section provides: "The commission shall provide for appropriate employees on the staff of the commission to assist applicants and other interested parties in connection with matters which are before the commission for action. The assistance rendered by those employees shall be limited to matters of procedure and shall not extend to advice on substantive issues arising out of the provisions of this division, such as advice on the manner in which a proposed development might be made consistent with the policies specified in Chapter 3 (commencing with Section 30200)." But nothing in section 30335.1 binds the Commission to the advice given by the staff.
There is no change in the judgment.
Appellant's petition for rehearing is denied.
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