April 29, 2013

Solana Beach sued over coastal policies

By Solana Beach sued over coastal policies

PLF Attorneys have sued the City of Solana Beach, challenging the city’s policies that unlawfully restrict the ability of coastal landowners to use, protect, and enjoy their properties.

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Beach and Bluff Conservancy v. City of Solana Beach

The City of Solana Beach enacted regulations to prohibit beachfront owners from building retention walls or other protective structures to safeguard their homes from erosion unless they agreed to grant public access to their property. The regulations also require homeowners to grant public access as a condition for a permit to repair damaged staircases that provide beach access from their homes. A coalition of homeowners challenged the regulations as violating the California Coastal Act and the constitutional prohibition on takings without just compensation. The San Diego County Superior Court invalidated the regulations to the extent they required public access as a condition for protecting existing homes or repairing existing staircases, but refused to invalidate the regulations as applied to future development.

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