Surfrider Found. v. Martins Beach 1, LLC

Good Law
14 Cal. App. 5th 238·2017 Cal. App. LEXIS 694·221 Cal. Rptr. 3d 382·2017 WL 3431157
Court of Appeal of CaliforniaAugust 9, 2017A144268; A145176California19,215 words

Opinion

Lead Opinion

Simons, J.

*244 Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach lacks lateral land access. 1 The only practical route to Martins Beach is down a road, known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the beach.

Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that purchased Martins Beach and adjacent land including Martins Beach Road in July 2008. Respondent Surfrider Foundation (Surfrider) is a non-profit organization dedicated to the protection of oceans, waves, and beaches, including the preservation of access for recreation. A year or two after purchasing Martins Beach, appellants closed off the only public access to the coast at that site. Surfrider brought suit against appellants. The trial court held the California Coastal Act ( Pub. Res. Code, §§ 30000 - 30900 ) (Coastal Act) 2 applied to the conduct of appellants, and they were required to apply for a coastal development permit (CDP) before closing public access. The court also issued an injunction that requires appellants to allow public coastal access at the same level that existed when *245 appellants bought the Martins Beach property in 2008.…

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