President’s weekly report — September 19, 2014

Contract rights — adverse New Mexico decision The New Mexico Supreme Court issued this adverse decision in First Baptist Church of Roswell v. Yates Petroleum.  Here, the church entered into a standard contract with Yates, which specified that until the … Continue reading

President’s weekly report — September 12, 2014

Environment — When is a wetland not federally controlled? We filed this complaint this week in Universal Welding v. United States Army Corps of Engineers.  The Corps is asserting jurisdiction over some of Universal’s low-value wetlands in North Pole, Alaska, just … Continue reading

California appellate court issues disappointing decision in Encinitas seawall case, Lynch v. California Coastal Commission

Pacific Legal Foundation attorneys represent two bluff-top homeowners in Encinitas: Tom Frick, and his neighbor, Barbara Lynch. They applied to the California Coastal Commission for a permit to install a new seawall to protect their homes from erosion after a … Continue reading

Dispelling five myths about the Martins Beach controversy

One of California’s most controversial land-use disputes  is over Martins Beach, in Half Moon Bay. The fight is over public access to the popular beach–and whether one man’s private property rights can survive a fierce backlash from well-funded and powerful interests … Continue reading

Re-cap of argument in San Diego seawall appeal

Yesterday, I argued Lynch v. California Coastal Commission, in the California Court of Appeal in San Diego.  As I explained last week, the appeal centers on the Commission’s refusal to allow two families to rebuild a shared, private staircase down to … Continue reading

PLF to argue Coastal Commission appeal concerning property rights

On Monday, July 14, at 9:00 a.m., I will be in the California Court of Appeal (San Diego) arguing an appeal brought by the California Coastal Commission in Lynch v. California Coastal Commission.  At stake is two Encinitas families’ right … Continue reading

Has the California Coastal Commission read Koontz?

Evidently not.  This week the Commission is meeting in Ventura, California, and one of the items it’s considering is a request from the City of Ventura to change the zoning on a few undeveloped coastal parcels, to accommodate a possible … Continue reading

Coastal Commission bill garners criticism

Last year the California Coastal Commission suffered a major legislative defeat when AB 976—which would have given the Commission broad authority to levy administrative penalties without having first to go to court to prove a violation—failed to pass.  We’ve also … Continue reading

Coastal Commission “penalties” bill resurrected in Assembly

Last September, we reported that the California Assembly had killed Toni Atkins’ AB 976, which would have given the California Coastal Commission the power to levy hefty fines on property owners for alleged violations of the Coastal Act—without having to go to court … Continue reading