Tuesday, August 15, 2017
Surfrider Foundation v. Martins Beach 1, LLC
Cal.App. 1st Dist. (A144268) 8/9/17
The court affirmed the trial court's conclusion that appellants' conduct is "development" requiring a coastal development permit under section 30106 of the Coastal Act. Further, the court concluded that appellants' constitutional challenge to the Coastal Act's permitting requirement under the state and federal takings clauses was not ripe because the Coastal Commission has not yet rendered a decision. Finally, the court rejected appellants' contention that the trial court's temporary injunction is a per se taking and, since appellants did not assert a claim that the injunction was unconstitutional under a different "multifactor" analysis, the court allowed the injunction to stand.