In his latest column for Daily Journal, Manatt Appellate Partner Michael Berger discussed a case in which the California Coastal Commission appealed a decision to itself, heard its own appeal and reversed the offending decision.
In the article, Berger explored several other cases that addressed the principle of impartiality and fairness, as well as how courts can ensure due process when there are potential biases among the parties. “Courts have overturned decisions by city councils or other agencies that acted as appellants and adjudicators in their own cases, violating the principle of impartiality and fairness. Why should the Coastal Commission be different?,” he wrote.
Daily Journal subscribers can read the full article here.