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

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

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

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

Coastal Commission ignores local concerns (again)

Last week, I attended the California Coastal Commission meeting at the Inverness Yacht Club near the Point Reyes Seashore. As usual, the Commission scrutinized a wide variety of issues, some mundane, some unusual. These included: whether wireless antennas on the … Continue reading

Property rights under attack in California “Martins Beach” case

There’s a big legal battle brewing along the San Mateo County coast that PLF is closely monitoring. Two radical, anti-property-rights groups are trying to force owners to open up their private land to the public, so that the public has … Continue reading

President’s weekly report — April 18, 2014

Property Rights — California Coastal Commission We filed our brief in Lynch v. California Coastal Commission.  Here, the Commission is 1) refusing to allow a pair of homeowners to repair some storm-damaged beach stairs unless the stairs are dedicated for public use … Continue reading