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April 10, 2009 -

Local Government Liable For Big Surf Injuries?

Good article in the O.C. Register on the issue of local government liability for injuries sustained in heavy surf.  The article focuses on two cases in Newport Beach, one of which involved a drowning while the other involved a broken neck.

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December 19, 2008 -

Beachmen in Black

The feds have stepped in on two ongoing coastal disputes in Southern California in the last few days:

• Federal judge in San Diego orders protection for seals at Children’s Pool.
• Feds back Coastal Commission and block San Onofre toll road.

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February 7, 2008 -

Seadrift Access Update

S.F. Gate has an update reporting the Douglas Rigg’s lawsuit for access to the Seadrift area of Stinson Beach has been settled, with Rigg’s right to use the beach conceded by the Homeowner’s Association. While the settlement reportedly addresses only Riggs’ claim and not public access in general, though the settlement’s use as precedent should help clarify the access issues on this part of Stinson Beach. Parts of the settlement are reportedly confidential.

Previously: Seadrift: NoCal’s Malibu?

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December 14, 2007 -

“This is the case that never ends”

Despite the California Supreme Court’s ruling in November ending litigation over city management of the Children’s Pool, and ordering the city to restore the beach area to the conditions set by the trust that gifted the land to the city, the parties will reportedly be back in court in January to hear arguments on whether the city can comply with a National Marine Fisheries Service request that the city take steps to protect birthing seals at the beach from January until May. Details in this Union-Trib article.

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December 3, 2007 -

Final Decision: La Jolla Children’s Pool

California’s Supreme Court rejected an appeal last week, effectively ending the litigation over use of the La Jolla Children’s Pool that had various groups concerned about the seals living there arguing that the original deed gifting the property was ineffective at limiting that use as a protected children’s swimming area.

San Diego City Council President was interviewed about the future of the beach here.

San Diego Union-Tribune article on the issue is here.

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November 27, 2007 -

Seadrift: NoCal’s Malibu?

Interesting article at the S.F.Gate on pending litigation brought by bodysurfer Douglas Rigg against the Seadrift Homeowner’s Association for allegedly blocking coastal access. At issue are what rights exist to both the public and the homeowners under a 1994 settlement agreement to Coastal Commission litigation over unpermitted construction. The article includes a good history on the issue of coastal access in California and the development of the Stinson Beach area in Marin County.

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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:

The Coastal Commission has subordinated a landowner’s real property rights to the occasional boater’s “right to a view” of the coastline. If and when the California Legislature expressly codifies a boater’s “right to a view” of the coastline, the courts can and will lawfully give it credence. But the Coastal Commission is not empowered to legislate a boater’s “right to a view” of the coastline.

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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Interesting Sites

70 Percent Good site focusing on reporting and documenting break conditions for waveriders
Coastal Marine Resource Center Non-profit from the New York-New Jersey Harbor Bight
Free PB Opposition to additional beach regulations at San Diego’s Pacific Beach
Race for the Oceans A forum for swimmers and swimming fans to dive in to ocean conservation.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.