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Surfrider Foundation v. Martins Beach 1

14 Cal. App. 5th 238 (2017)

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Surfrider Foundation v. Martins Beach 1

California Court of Appeal
14 Cal. App. 5th 238 (2017)

AR

Facts

Martins Beach 1 (defendant), a developer, bought Martins Beach and adjacent land that included a longtime public access road to the beach. After the sale, Martins closed off the public access road. Surfrider Foundation (plaintiff), a nonprofit organization promoting public beach access, sued. The trial court found that state law required Martins to apply for a coastal development permit before closing public access, but Martins had not applied for any permit. The court then issued an injunction requiring Martins to allow public access at the same level as existed before Martins bought the property. Martins appealed, arguing that the injunction resulted in a judicial taking.

Rule of Law

Issue

Holding and Reasoning (Simons, J.)

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