LENT v. CALIFORNIA COASTAL COM.

No. B292091.

62 Cal.App.5th 812 (2021)

WARREN M. LENT et al., Plaintiffs, Appellants, and Cross-respondents, v. CALIFORNIA COASTAL COMMISSION, Defendant, Respondent, and Cross-appellant; STATE COASTAL CONSERVANCY et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Seven.

As modified April 19, 2021.


Attorney(s) appearing for the Case

Pacific Legal Foundation, Damien M. Schiff , Joshua P. Thompson , Jeremy Talcott ; FisherBroyles and Paul J. Beard II for Plaintiffs, Appellants and Cross-respondents.

Law Offices of Thomas D. Roth and Thomas D. Roth for Center for Balanced Land Use, Inc., as Amicus Curiae on behalf of Plaintiffs, Appellants and Cross-respondents.

Knipe Law Firm and V. Nicholas Knipe for Malibu Association of Realtors as Amicus Curiae on behalf of Plaintiffs, Appellants and Cross-respondents.

Berding Weil, Fredrick A. Hagen ; Kara M. Rollins and Harriet H. Hageman for New Civil Liberties Alliance as Amicus Curiae on behalf of Plaintiffs, Appellants and Cross-respondents.

Kara M. Rollins and Harriet H. Hageman for National Federation of Independent Business Small Business Legal Center as Amicus Curiae on behalf of Plaintiffs, Appellants and Cross-respondents.

Chris Scheuring for California Farm Bureau Federation as Amicus Curiae on behalf of Plaintiffs, Appellants, and Cross-respondents.

Xavier Becerra , Attorney General, Daniel A. Olivas , Assistant Attorney General, Christina Bull Arndt and David Edsall, Jr. , Deputy Attorneys General, for Defendant, Respondent and Cross-appellant.

Environmental Law Clinic, Mills Legal Clinic at Stanford Law School, Deborah A. Sivas and Molly L. Melius for Surfrider Foundation and Azul as Amici Curiae on behalf of Defendant, Respondent and Cross-appellant.


OPINION

INTRODUCTION

A house sits on beachfront property in Malibu. A five-foot-wide vertical easement, owned by the Coastal Conservancy (Conservancy) for public access to the coast, encumbers one side of the property. By 1983 the property owner had built on the...

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