Katenkamp

The California State Department of Finance, Division of State Lands, acting through its chief of division, granted to Union Realty Company, a corporation, permits to maintain two groins upon certain state-owned tidelands in Miramar bay, Santa Barbara County, upon which tidelands the property of said permittee abutted. These permits were issued pursuant to authority conferred by section 690.10 of the Political Code. Thereafter petitioner herein, owner of other littoral land on Miramar bay about 250 feet distant from that of the Union Realty Company, brought the present action in the superior court asking for a writ of certiorari to review the action of the department of finance in granting the permits, and to annul and set aside said permits. Petitioner claimed that the groins as constructed, being in the nature of bulkheads or breakwaters extending into the sea, had the effect of creating a new beach in front of permittee’s lands and at the same time denuded his own beach front of sand, thus accomplishing a taking of private property for public purpose without due process of law. A demurrer to the petition was sustained by the lower court, petitioner declined to amend, judgment…