December 2, 2013

PLF defends Encinitas homeowners against Coastal Commission abuse

By PLF defends Encinitas homeowners against Coastal Commission abuse

A San Diego judge ruled that the California Coastal Commission violated the law when it denied Encinitas homeowners their right to rebuild a private staircase and placed unreasonable restrictions on their ability to protect their homes with a seawall. The Commission has appealed that ruling to the California Court of Appeal, and PLF attorneys are defending the homeowners’s favorable judgment.

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Lynch v. California Coastal Commission

The Lynch family sought permission from the California Coastal Commission to repair a storm-damaged seawall and stairway that led from their home at the top of a bluff down to the beach. The Commission permitted the seawall restoration with a condition that they seek an additional permit in the future, and denied the permit for the stairway. To protect their home, the Lynches accepted the conditioned permit under protest and repaired the seawall. PLF represents the Lynches, arguing that the seawall conditional permit and denial of the stairway permit violated their constitutional property rights. California’s appellate courts rejected the Lynch’s claims, and the California Supreme Court added insult to injury by holding that the Lynches forfeited their claims altogether by accepting the permit and repairing the seawall.

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