June 30, 2006 -
No Boaters’ Right To View
Reviewing a court ruling blocking development of coastal property, the Second District of California’s Appellate Court held yesterday that no “boater’s right to view” exists under California law. The decision in Schneider v. California Coastal Commission returns the matter to the Commission to review using those standards set by the legislature, which did not include the boater’s right previously relied upon by the Commission in this case. Schneider first began this attempt to build a home in San Luis Obispo county in 1997.
The Appellate Court didn’t have much sympathy for the Commission, despite some sensitivity to the size of the proposed home (10,000 square feet) and the undeveloped status of the area, writing that:
Justice Yegan’s opinion also clarified that “[i]n construing [the relevant law], we look to California law not the State of Maine or the U.S. Sailing Association” referring to the Commission’s claims from these non-parties that the view of the coast from occasional passing boaters required their protection.
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