Seawall and staircase decision draws local outcry

Over the weekend, San Diego journalist, Thomas K. Arnold, penned a stinging rebuke of the 2-1 court of appeal decision in Lynch v. California Coastal Commission, which threatens bluff-top homeowners’ property rights—including the right to protect their homes with seawalls. … Continue reading

Permit needed to keep trespassers off private property

Yesterday, a San Mateo Superior Court judge issued a stunning tentative ruling in one of the two Martins Beach lawsuits pending against coastal landowner Vinod Khosla. The judge concluded that the decision to disallow the public to trespass onto private property–after allowing the public to do so for a … Continue reading

Sacramento Bee publishes PLF Op-Ed on Martins Beach

On Sunday, the Sacramento Bee published my opinion editorial on the Martins Beach controversy, including legislative efforts to cow one landowner into giving up his property rights. PLF attorneys are following the dispute closely, and they will support the property … Continue reading

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