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BBC Motion for Judgment

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Case Attorneys

Meriem L. Hubbard

Senior Attorney

Meriem Hubbard has been an attorney at Pacific Legal Foundation since January 2000.  She litigates cases involving property rights, public finance issues, and preferences in government hiring, contracting, and education. … ›

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Larry G. Salzman

Senior Attorney

Larry Salzman is a Senior Attorney litigating cases involving property rights and economic liberty. He is also an adjunct clinical professor at Chapman University’s Fowler School of Law, in Orange … ›

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Case Commentary

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By Larry G. Salzman

Coastal land rights on appeal in California

More than 1,000 homes sit on roughly two miles of coastal bluffs in the Southern California town, protected from erosion by seawalls. In 2014, the City enacted a land use ordinance that prohibits or restricts bluff-top homeowners from building, repairing, or replacing those seawalls. Some of the restrictions require homeowners to dedicate private stairways to public use as a condition of repair or require property owners to entirely abandon rights they possess under state law to build a seawall.

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California Coastal Commission campaign against coastal property

Despite its mission to protect the coast, the Coastal Commission has adopted a strategy of eroding coastal property in order to make way for public access and new shoreline habitat The Coastal Commission calls this “managed retreat” Managed retreat stops cliff stabilization, seawalls, and beach nourishment, exposing coastal property to flooding and erosion

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Procedural victory in Beach & Bluff Conservancy v. City of Solana Beach & California Coastal Commission

Good news We obtained a victory this week in our lawsuit challenging the City of Solana Beach’s unlawful restrictions on seawalls and coastal homeowners’ property rights The City and the Commission filed demurrers to our complaint, asserting that our case should not move forward because of alleged, fundamental procedural flaws The court rejected all of their arguments and overruled the demurrers As a result, our case can now move forward for a hearing on the merits of our claims

The case began back in 2013 when the City, under pressure from the Commission, adopted a coastal land use plan containing unlawful and unconstitutional restrictions on coastal property

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