Judge to Khosla: "The Gate Across Martins Beach Rd Must Be Unlocked and Open" NOW

As reported on the Surfrider Foundation Coastal Blog, on Friday, December 5, San Mateo County Superior Court judge Barbara J Mallach provided clarity to her final ruling issued November 12, in which she ruled that Khosla's changes to the property--including permanently locking the gate across Martins Beach Rd--constituted development and therefore require a permit from the California Coastal Commission.  Clarification came in the form of a Final Order from the court, which amongst other things orders Khosla to open the gate and restore access to what it was when he bought the property. 

For those who have been wondering when the gate would be required to be reopened, the time has come.  We have arrived.  Open, Sesame!

                                                                     Photo credit: Anneliese Agren

But Khosla has yet to comply.

Following on the heels of this order, the California Coastal Commission sent its own clarifying message to Khosla, via the property manager Steven Baugher.  In case the threat of law is not motivation enough to comply, the Commission sent a seven page letter stating that the property owner is in violation of the Coastal Act for unpermitted development including but not limited to the locking of the gate to bar public access, use of security guards, pursuit of trespassing enforcement against visitors, and placement of signs to deter access, AND that these violations are subject to various fines, including a fine of up to $11,250 per day per violation and $15,000 per day per violation, respectively.  AND the Commission notes that the fines are cumulative from the notice of violation, which was sent in 2011.  Although Khosla is a billionaire, fines racking up to potentially tens of millions of dollars would probably not go unnoticed. 

In the Commission letter, the Commission gave Baugher until Dec. 22 to respond and work to resolve this violation amicably. 

Stay tuned!

Victory for Beach Goers!

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.

Closing Arguments Made in the Surfrider Foundation Lawsuit to Open Martin’s Beach

Video from outside the court, after the trial

Attorneys for the Surfrider Foundation made final remarks during closing arguments of the Martin’s Beach trial today before San Mateo County Superior Court Judge Barbara J. Mallach.  It is now up to Judge Mallach to consider the evidence presented and render her decision. The Foundation expects a ruling from the court by mid-September.

“We delivered a very strong closing argument today,” says Angela Howe, Legal Director for the Surfrider Foundation.  “Surfrider brought this litigation to protect the public’s right of beach access, which is of the utmost importance for this precious spot on the San Mateo County coast and for all of California’s 1,100-mile coastline."

Mark Massara, longtime surfer and counsel for the Surfrider Foundation in this matter, was present today for the closing remarks with Eric Buescher and Joseph Cotchett of Cotchett, Pitre & McCarthy, who also represented Surfrider in the case before Judge Mallach.

“Let’s be crystal clear: even if one were to believe the tall tales that Vinod Khosla’s lawyers told today, and assume that everything they said about how the U.S. Government and Coastal Commission cannot be trusted, it would not change the fact that Khosla still has to apply for a permit,” declares Massara.

The Surfrider Foundation, the largest non-profit organization dedicated to protecting the world’s oceans, waves and beaches, challenged that the property owner, billionaire venture capitalist Vinod Khosla, violated the California Coastal Act when he closed the only public access road to Martin's Beach by putting up a gate and posted signage to deter visitors. (Complete timeline here)

Although an affirmative decision by the court would not restore public access directly, it would require the property owner to seek a permit for the development that has occurred and begin a public process to consider the changes to the property and beach access.  A decision in favor of Surfrider might also require the property owner to pay hefty fines of up to $15,000 per day into the state Coastal Conservancy coffers,. 

“We believe the judge will make a very informed, reasonable judgment.  It is clear that Mr. Khosla refused to go to the Coastal Commission and we are asking the court to order him to do so,” added Joseph Cotchett, counsel for the Surfrider Foundation.

Meanwhile, in the state legislature, a bill is still in play that also seeks to restore public access to Martins Beach.  SB 968 (Hill – San Mateo) would direct the State Lands Commission to work to negotiate purchase of an easement or right-of-way to facilitate public access to the beach.  If no such purchase is negotiated by 2016, the Commission could opt to exercise eminent domain to acquire the easement.  The bill will be considered by the Assembly Appropriations Committee when the legislature reconvenes in August.

Post-trial press coverage can be found on our Press page here.

Trial Information - UPDATED

UPDATED AS OF 7/14/14:


What: 
Surfrider Foundation v. Martins Beach I, LLC and Martins Beach II, LLC

When:  
*Closing Arguments* - 9:30am on Wednesday, July 16

Where:
San Mateo County Superior Court, 400 County Center, Redwood City
Department 22, Courtroom 8A

Photo credit Rob Caughlan

Superior Court Judge Barbara J. Mallach presiding

If you attend, please show your support by wearing blue!  

If you opt to quietly tweet from the trial, please use #martinsbeach and feel free to mention @Surfrider and @vkhosla.  

Thanks!!

Khosla to Testify

San Mateo County Superior Court Judge Barbara Mallach has ruled that Vinod Khosla, the billionaire behind the holding companies which are designated the owners of the property adjacent to Martin's Beach, will have to testify in court for the Surfrider Foundation lawsuit. 

It is unfortunate that it took a judge compelling him to appear to finally bring him out from behind the corporate veil to talk about his actions to close off access to the beach.  However, his required appearance and answers to questioning will bring some degree of satisfaction to many who have hoped for and sought after simple dialogue with the man behind the closure.

Latest indications are that Khosla will be called to appear somewhere between 3pm and 5pm on Monday, May 12.  (See "Trial Information" below)