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Tag: seawall

March 29, 2018

What is an “existing structure” under the California Coastal Act?

For landowners along California's coast, maintaining the right to build a seawall or other protective device can mean the difference between preserving one's home or having it fall into the sea during the next winter storm. The California Coastal Act recognizes the importance of preserving landowners' rights to protect their property. Indeed, the A ...

July 21, 2017

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial review of conditions placed on a coastal permit. The owners had asked the California Co ...

July 08, 2017

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme Court to properly define "tax" Can government condemn a business operation and hand it over to a competitor? Washington court limits reach of public tru ...

May 06, 2017

Weekly litigation update — May 6, 2017

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that on our CRA-themed website, RedTapeRollback.com. Much credit for this recent effort goes ...

August 27, 2016

Weekly litigation report — August 27, 2016

Victory over the Coastal Commission Unreasonable EPA denial of road permit Property Rights in Washington State Brief filed in Alaskan wetlands case Court asks government to respond in frog case California Supreme Court says no to miners Victory over the Coastal Commission We had this nice Statement of Decision from a California trial court in ...

December 10, 2014

California Supreme Court takes PLF's seawall case

Today, the California Supreme Court granted PLF’s petition for review in Lynch v. California Coastal Commission.  The supreme court’s grant means that the court of appeal’s decision in favor of the Commission is vacated, and the case will be set for a new round of briefing and argument next year.  Here’s PLF’s press ...

November 07, 2014

Homeowners, farmers, ranchers, and realtors ask supreme court to hear PLF's seawall appeal

This week, a wide and diverse array of California constituencies filed compelling letters in support of PLF’s petition for review in Lynch v. California Coastal Commission, which currently is pending before the California Supreme Court. ...

September 29, 2014

Seawall and staircase decision draws local outcry

Over the weekend, San Diego journalist, Thomas K. Arnold, penned a stinging rebuke of the 2-1 court of appeal decision in Lynch v. California Coastal Commission, which threatens bluff-top homeowners’ property rights—including the right to protect their homes with seawalls. Arnold rightly criticizes the Coastal Commission’s “ ...

September 12, 2014

President's weekly report — September 12, 2014

Environment — When is a wetland not federally controlled? We filed this complaint this week in Universal Welding v. United States Army Corps of Engineers.  The Corps is asserting jurisdiction over some of Universal’s low-value wetlands in North Pole, Alaska, just outside of Fairbanks.  The problem is that under the Corps’ own r ...

September 12, 2014

California appellate court issues disappointing decision in Encinitas seawall case, Lynch v. California Coastal Commission

Pacific Legal Foundation attorneys represent two bluff-top homeowners in Encinitas: Tom Frick, and his neighbor, Barbara Lynch. They applied to the California Coastal Commission for a permit to install a new seawall to protect their homes from erosion after a massive storm destroyed the old wall. They also sought to rebuild a stairway connecting th ...