While an open gate is welcomed action after years of closure, many worry that this is just a temporary ploy to appease the court while the Khosla camp continues to seek more palatable legal determinations in their favor. This concern appears consistent with the filing of a Notice of Intent to Move for a New Trial, filed December 16 and reported on here.
As this was not at all a surprise, on January 14, the Surfrider Foundation's legal firm, Cotchett, Pitre & McCarthy, filed this opposition brief. The image to the left, which shows when the gates have been opened and closed since the Final Ruling came out, is at the end of the brief.
A Surfrider Foundation volunteer is also tracking people's visits to Martin's Beach. You can see the latest on this Facebook page.
Concurrently, while action from the court is awaited, the State Lands Commission has begun to prepare a letter to be sent to Khosla to commence the negotiation process outlined by SB 968 (Hill), which was signed into law last year and currently effective.
If Khosla responds affirmatively, it could commence a year-long process of negotiation by the state agency, which would involve public input. If not, the Commission will have the discretion to take action into its own hands and consider eminent domain proceedings to establish a state-owned access way to and along Martin's Beach.