Today, the San Mateo County Superior Court issued its ruling on Surfrider Foundation v. Martins Beach I and II, LLCs. Honorable Judge Barbara J. Mallach ruled that the permanent closure of the gate across Martins Beach Rd. does, indeed, constitute development, and that Mr. Khosla will need to seek a permit for this development. Although this ruling does not immediately restore access, it would allow the California Coastal Commission to rightfully pursue enforcement action against Mr. Khosla if he does not apply for a permit for the access closure. If Mr. Khosla does apply for a permit, the public will have the opportunity to participate in the permitting processes of the County and Coastal Commission and ask that these entities require that a permit to close off access be denied.
In short, wooooooohoooooooo!!!!!!!!! We are one very large step closer to restoring public access to Martins Beach, which is great news for the people who cherish it and for future visitors.
A press release on the win can be found here and our latest entry on the Coastal Blog discusses the bigger picture of this victory.
The full court decision can be found here.
This victory is credited to our amazing legal team, led by top trial attorney Joe Cotchett of Cotchett, Pitre and McCarthy, LLP, Eric Buescher, Pete McCloskey, and Mark Massara, in consultation with Angela Howe, Legal Director of Surfrider Foundation. Of course our case could not have been established without testimony from our witnesses, Lennie Roberts, Bernie Leal, Rob Caughlan, Terry Louwerens, and Surfrider Foundation representatives.
In another prong of the Open Martin's Beach campaign, Surfrider Foundation is advocating for the State Lands Commission to negotiate a right of way easement to the beach. Add your voice to the fight and ask the state agency to open access here.
If you are inclined to join us and support this effort for the long haul, please visit our donation page.