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Challenging the Coastal Commission’s anti-seawall crusade

Capistrano Shores Property, LLC v. Calif. Coastal Commission


Contact: Larry G. Salzman

Status: On August 24, 2016, the Orange County Superior Court ruled in favor of a San Clemente family whose right to protect their beachfront mobile home with a seawall was under assault by the California Coastal Commission.
 
Summary:
Eric Wills and his family wanted to replace an aging mobilehome that they own at Capistrano Shores Mobile Home Park in San Clemente, with a nearly identical, slightly smaller one.  For that, the Coastal Commission insisted that they needed a “coastal development permit.”  As a condition for receiving a permit, the commission demanded that the family agree to never maintain, repair, or replace the seawall that safeguards their property and the 89 other homes in the 56-year-old park.  PLF argues that this demand imposes an unconstitutional condition, because it is not reasonably related to any negative impact of new development.

 

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