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Featured CaseOpposing Overreaching by the California Coastal CommissionBurke v. California Coastal Commission
Contact: J. David Breemer
Status: Victory for the property owner on August, 2008 in the Appeals. Case closed on August 26, 2009.
Summary:
In the late 1960s or early 1970s, a fence was erected below the private bluffs fronting Torrance Beach in Los Angeles in order to prevent beachgoers from unsafely climbing the bluffs. The owner’s interest in a fence was prompted by the deaths (in separate incidents) of two persons attempting to climb the bluffs to utilize caves.
Later in the 1970s, Burke and fellow property owners became embroiled in a dispute with the City of Torrance Beach about the boundary between the public beach and private property. The City claimed that the public had acquired a right to the sandy portion of the property owners’ beachfront property. When the property owners challenged this claim, the City sued.
After 15 years the property owners, City, and the State entered into a boundary agreement through the State Lands Commission intended to settle the dispute. The property owners agreed to give up all right and title to the sandy portion of their property claimed by the City to the State. Among other considerations, the State agreed to allow erection of a fence demarcating the end of the public beach and the beginning of private property. The agreement was negotiated by the Attorney General and signed by Governor Deukmejian.
In 2006, the Coastal Commission claimed that Burke’s fence was an unlawful “development,” threatening fines and other enforcement action if he and the other property owners did not seek and receive a permit for the fence. Although the owners argued that the settlement agreement voided the need for a permit, they nevertheless applied for one. On July 12, 2006, the Commission denied the application. With PLF representation, the property owners challenged that decision in state court. After a loss in the trial court, PLF attorneys were able to prevail on appeal. In a published opinion, the appellate court held that the Commission did not have jurisdiction to deny a permit for the fence.
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