Court allows PLF case against Coastal Commission to go forward

September 30, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Paul J. Beard II

Earlier this month, the San Luis Obispo Superior Court delivered a nice win to PLF client, SDS Family Trust, in its fight against the California Coastal Commission. The Family is suing the Commission for extorting a mile-long public access easement across its coastal property as a condition of obtaining a permit to remodel a home and barn.

The Commission moved to dismiss the lawsuit on various legal theories. But at a September 14 hearing, the court rejected the Commission's motion. The Family can now try the merits of its claim that the Commission is trying unlawfully to take private property without just compensation. The trial will take place on December 5, so stay tuned for an update at that time.