The decision for the removal of a BBQ, small water closet, and storage lockers from a section of private property along the coast was upheld in the COURT OF APPEAL OF THE STATE OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE on March 3rd 2010.
A little background. The McNamee’s purchased a home along Ocean Avenue in Orange County in 1978. At the bottom of their private property adjacent to the beach, there was a storage shed, picnic table, a sand wash-off shower, a BBQ, and a some shelving for storage at the time of purchase. In the 80s, they completely remodeled the home and then in the 90s they renovated the amenities next to the beach. It wasn’t until 2000 that the city of Newport Beach received a complaint. The city passed this complaint to the California Coastal Commission.
The Commission was formed to protect the “Overall Visual Quality” of the coast, as noted in Section 30251 “The scenic and visual qualities of coastal areas shall be . . . considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas . . . .” (Italics added.) Basically, the amenities at the bottom of the McNamee’s stairs were not permitted along the beach, according to the Commission.
Define: In 1978 when they purchased the home, there clearly was amenities within their property line.
Defend: In the last 4-5 years, they have been fighting to defend their property right of the amenities.
Divest: The amenities can be taken away.
Given the recent decision of the appellate, the McNamee’s are left to two decisions. 1. Further appeal to the California Supreme Court or 2. Accept the court’s decision and remove the amenities for the public good. What does this do to future property rights?
http://www.courtinfo.ca.gov/opinions/nonpub/G041389.PDF
http://www.foxnews.com/politics/2010/03/03/california-man-fighting-backyard