California homeowners sue Coastal Commission over unconstitutional permit conditions
May 07, 2026
Dana Point, California; May 7, 2026: Today, a Californian couple filed a federal lawsuit against the California Coastal Commission for refusing to allow them to rebuild their aging home — unless they waive their right to protect it against damage and agree to demolish it as soon as any government agency asks them to.
“John and Marcella Seidensticker just want to rebuild their home, and the California Coastal Commission claims they must hand over their constitutional rights to do it. That’s patently absurd,” said Jeremy Talcott, an attorney at Pacific Legal Foundation, which is representing the Seidenstickers at no cost. “The conditions it is now attempting to impose on their permits are an obvious violation of the law and completely unsupported by the governing regulations. We look forward to challenging them in court.”
The Seidenstickers, who have lived in a condo in Dana Point for decades, want to replace their aging home with a larger and safer modern build. The City approved their permits, but the California Coastal Commission halted the project. After holding the Seidenstickers in limbo for over three years, the agency then imposed 15 “special conditions” on their permits. The conditions include a demand that the Seidenstickers submit entirely new development plans to the Commission — with substantial changes to the project — for eventual approval by the Commission’s unelected executive director. Other demands include requiring the couple to fund regular government surveys of the area, waive any right to protect their home against storm damage or erosion, and agree to “promptly” demolish “all or a portion” of their home if any government agency asks.
On May 7, the Seidenstickers filed a federal lawsuit to challenge the Commission’s unconstitutional permitting demands and defend the rights of all California homeowners.
This lawsuit follows on the heels of a noteworthy recent Pacific Legal Foundation victory against the Coastal Commission. The California Supreme Court limited the Commission’s authority to second-guess local governments across the state’s coastal zone in a unanimous ruling in Shear v. California Coastal Commission.
Pacific Legal Foundation represents the Seidenstickers free of charge. The case is Seidensticker v. California Coastal Commission.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.