Charles Lester, Executive Director, California Coastal Commission: ‘If you have a real, legitimate threat and you need to take emergency action to safeguard the public, you can take steps to do that,’ ‘But you can’t pretend there’s a nuisance just to avoid your Coastal Act obligations.’

ABSTRACT: RE: California Coastal Commission and “public nuisance”
In September 2015, San Diego Superior Court Judge Randa Trapp ruled in favor of the California Coastal Commission stating that “the court found that the city’s emergency ordinance was based on “nothing more than speculation, conjecture and fear mongering.”" “The decision is a significant victory for public access and clarifies that municipalities can’t circumvent the Coastal Act under the guise of protecting the public.” Moreover, Charles Lester, Executive Director, California Coastal Commission stated “If you have a real, legitimate threat and you need to take emergency action to safeguard the public, you can take steps to do that,” “But you can’t pretend there’s a nuisance just to avoid your Coastal Act obligations.” The STATEMENT OF DECISION and CALIFORNIA COASTAL COMMISSION Press Release document copies are embedded.

Statement of Decision - Dana Pt v California Coastal Commission 09-17-15

STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590]

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs. CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1 through 5, inclusive.
CASENO: 37-2010-00099827-CU-WM-CIL

Coastal Commission Dana Point Press Release 2015

STATE OF CALIFORNIA—THE RESOURCES AGENCY
EDMUND G BROWN, GOVERNOR
CALIFORNIA COASTAL COMMISSION
Coastal Commission Prevails in Dana Point Beach Access Case
Date: Sept. 18, 2015