Court Stops Cal. Coastal Commission from Tearing Down Family’s Coastal Safety Fence

TORRANCE, Calif.--(BUSINESS WIRE)--In a major judicial defeat for the California Coastal Commission, the agency this week was stopped from its drive to tear down a safety and boundary fence on a Torrance couple's private property. The California Second District Court of Appeal ruled that the Commission had no legal authority to order the dismantling of the fence, which prevented people from climbing unstable bluffs where hikers had died, and which demarcated the boundary between private and public property.

The homeowners – Martin and Janis Burke – are represented by attorneys with Pacific Legal Foundation, a watchdog property rights organization with a long history of defeating abuses by the Coastal Commission.

"With this decision, an appellate court put the brakes on an outrageous power abuse by the California Coastal Commission," said PLF Principal Attorney J. David Breemer. "The Commission was trying to force Torrance homeowners Martin and Janis Burke and their neighbors to tear down a safety and boundary fence on their property that kept hikers from climbing dangerous bluffs where two people have died. The fence has been in place for three decades and had been approved by state and local officials, including the State Lands Commission. As the court said today, the Coastal Commission had no business butting in."

"This was an all-too-typical attempt by the Coastal Commission to dictate to property owners, without any legal authority to do so," Breemer continued. "PLF has a history of beating back the Coastal Commission's arrogant overreaching, and we're happy we were able to represent the Burkes in this latest victory. This was a major win for property rights, public safety, and the principle that the California Coastal Commission is not above the law."

A link to the ruling is available at PLF's web site: www.pacificlegal.org.

About Pacific Legal Foundation

Pacific Legal Foundation (www.pacificlegal.org) is the oldest and most successful public interest legal organization that litigates for property rights, limited government, and a balanced approach to environmental protection, in courts across the country. PLF's 35^th Anniversary video may be viewed at: http://www.youtube.com/watch?v=HnBSlRQwxKU.