Sierra Club, Inc. v. California Coastal Commission
California Court of Appeal
95 Cal. App. 3d 495, 157 Cal. Rptr. 190 (1979)
The North Coast Regional Commission granted Moores Associates, a real estate developer, a permit to construct a subdivision and condominiums in a scenic coastal area. The Sierra Club, Inc. (plaintiff) unsuccessfully appealed that decision to the California Coastal Commission. Sierra then filed a petition for a writ of mandate against both commissions (defendants) to set aside the permit. Sierra amended its petition to add Moores as a real party in interest. The trial court dismissed Moores from the suit without prejudice because the action against it was untimely under the public resource code. And because the trial court found that Moores was an indispensable party to the action, it also dismissed the commissions. Sierra appealed and argued that Moores was not an indispensable party and even if it was, Sierra’s failure to timely join Moores did not deprive the court of subject-matter jurisdiction.
Rule of Law
Holding and Reasoning (Rouse, J.)
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