Surfrider Foundation v. Martins Beach 1, LLCAnnotate this Case
Before appellants purchased Martins Beach, the public was permitted to access the coast by driving down Martins Beach Road and parking along the coast, usually upon payment of a fee. Because it is sheltered by high cliffs, Martins Beach lacks lateral land access. In 2008, appellants purchased Martins Beach and adjacent land including Martins Beach Road. A year or two later, appellants closed the only public access to the coast at that site. Surfrider, a non-profit organization dedicated to the preservation of access for recreation, brought suit. The trial court held the California Coastal Act (Pub. Res. Code, 30000–30900) applied and the appellants were required to apply for a coastal development permit (CDP) before closing public access. The court issued an injunction that requires appellants to allow public coastal access at the same level that existed when appellants bought the Martins Beach property. The court of appeal affirmed. Appellants‘ conduct is “development” requiring a CDP under section 30106 of the Coastal Act. Appellants‘ constitutional challenge to the Coastal Act‘s permitting requirement under the state and federal takings clauses is not ripe, The injunction is not a per se taking. The court affirmed an award of attorney fees to Surfrider.