San Clemente, CA. March 30, 2016 – Today, the Surfrider Foundation filed our appellate brief, responding to tech billionaire Vinod Khosla’s appeal of the ruling in favor of Surfrider’s Coastal Act arguments on December 5, 2014. At the lower court in San Mateo County, Judge Barbara Mallach ruled in favor of Surfrider’s Coastal Act arguments on December 5, 2014. Judge Mallach agreed with Surfrider that Khosla cannot evade the Coastal Act requirement of seeking a Coastal Development Permit (“CDP”) for changing the “intensity of use” or “access to” the beach.
For more than five years, Surfrider has been fighting to open the gates to Martin’s Beach. Since purchasing the property adjacent to the beach in 2008, Khosla began locking out the public from the community beach, enjoyed by many for generations.
Khosla’s attorneys are making new claims on constitutional law, arguing against regulation (in the form of regulatory taking) that the California Coastal Commission has not even attempted to make. It is undisputable that they need to apply for a permit. If they’d like to argue regulatory taking, they would need to do it after applying for a permit.
Surfrider believes that the intent of the Coastal Act and the beach access protections in the state constitution will be upheld in this litigation.