Subscribe Now!
Land Use Law Report
0 item
Prev: Historic Preservation - No Demo Permit Needed To Partially Remove Building During 'Restoration'

Use Permit - In California: Challenge Permit Conditions Before You Begin Building

Wednesday, July 26, 2017

The California Supreme Court declined to create an "under protest" exception to the existing rule that landowners must challenge---and litigate to a decision---any permit conditions before they build the project authorized by the permit. Otherwise, landowners would be able to enjoy the benefits of a permit without bearing the burdens.

Facts: Plaintiffs Barbara Lynch and Thomas Frick own neighboring oceanfront properties in Encinitas, California. Their respective houses are at the top of a coastal bluff, which slopes steeply down to the beach. Landslides are common in the area, and seawalls are used in Encinitas to protect bluffs from landslides. In 1986, a shared seawall was built at the base of the bluff to protect the plaintiffs’ properties. Other anti-erosion measures included a "midbluff erosion control structure." The two properties shared a staircase down the bluff to the beach.

In 1989, the California Coastal Commission retroactively approved a coastal development permit for the seawall, midbluff structure, and stairs. The Commission gives final approval for any coastal development permit. However, the permit initially goes to the City of Encinitas. And when the posts supporting the seawall began to decay, the plaintiffs applied to the city to replace the seawall and midbluff structure. The city approved the structure in 2009 as consistent with the general plan and municipal code. However, while the Commission was considering the application, storms destroyed most of the seawall, most of the midbluff structure, and part of the staircase. The bluff below Lynch’s house collapsed. (Frick’s property suffered less damage.)

In light of the destructio[...]

Prev: Historic Preservation - No Demo Permit Needed To Partially Remove Building During 'Restoration'
Browse Archives:
2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 |