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CALIFORNIA EARTH CORPS v. STATE LANDS COM.

No. C041603.

27 Cal.Rptr.3d 476 (2005)

CALIFORNIA EARTH CORPS, Plaintiff and Appellant, v. CALIFORNIA STATE LANDS COMMISSION et al., Defendants and Respondents; Developers Diversified Realty, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

Review Granted August 24, 2005.

Review Dismissed and Cause Remanded January 4, 2006.

Attorney(s) appearing for the Case

Chatten-Brown & Associates, Jan Chatten-Brown, Douglas P. Carstens, and Amy Minteer, Santa Monica, for Plaintiff and Appellant.

Laurens H. Silver for Coastal Protection, Save Our NTC, Inc., Natural Resources Defense Council, and Surfrider Foundation as Amici Curiae on behalf of Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, and Alan V. Hager, Deputy Attorney General, for Defendant and Respondent California State Lands Commission.

Robert E. Shannon, City Attorney, James McCabe, Deputy City Attorney; Rutan & Tucker, M. Katherine Jenson, and Robert S. Bower for Defendant and Respondent City of Long Beach.

Radcliff Dongell Lawrence, Richard A. Dongell, John A. Lawrence, Los Angeles, and Christopher T. Johnson for Real Party in Interest and Respondent.

RAYE, J.

Respondents California State Lands Commission (Commission) and City of Long Beach (City) entered into a land exchange agreement to transfer three acres of tidelands in Long Beach protected by the public trust doctrine (the Queensway Bay parcels) out of the public trust in exchange for 10 acres along the Los Angeles River, which would then become public trust land. The transfer would enable the City and the real party in interest developer, Developers Diversified...

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