Lynch v. California Coastal Commission

INTRODUCTION

The California Coastal Commission (Commission) appeals from a judgment in a

mandamus action directing the Commission to remove three conditions from a coastal

development permit amendment (permit) issued to Barbara Lynch and Thomas Frick

(collectively, respondents). The Commission contends respondents waived any challenge

to these conditions by signing and recording documents agreeing to them and then

accepting the benefit of the permit by completing their project. The Commission further

contends the conditions were valid and supported by substantial evidence. We agree with

both contentions and reverse the judgment.

BACKGROUND

Respondents own adjacent, bluff-top homes in Encinitas. For at least two decades,

their homes were protected by a 100-foot wooden erosion control structure and a 100-

foot mid-bluff wall. In addition, a private stairway along the bluff face provided them

with beach access from their homes.

In 2003 respondents applied to the City of Encinitas (City) for authorization to

replace the wooden erosion control structure and the mid-bluff wall. As part of the

project, they also planned to remove and replace the lower section of the…