Barrie

The appellants (Homeowners herein) appeal the denial of their petition for a writ of mandate to order the California Coastal Commission (Commission) to allow a temporary seawall constructed under an emergency permit to remain in place until the City of Del Mar adopts a permanent shoreline protection plan and the Commission’s review of that plan is final.

On appeal, the Homeowners contend they have a vested right to continue the seawall at its present location and that the Commission’s findings supporting its decision requiring the seawall be removed and relocated are unsupported by the evidence. We conclude the Homeowners have no vested right to continue the seawall at its current location and that the Commission’s decision requiring relocation of the seawall is supported by the evidence and represents a reasonable accommodation between the need to protect the public beach and the Homeowners’ need to protect their residences.

Facts

The Homeowners own residences fronting the beach in Del Mar between 24th and 26th Streets. During the summer of 1983, responding to United States Weather Service predictions of severe storms and high tides for fall 1983, the Homeowners began…