In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission's ("Commission") collateral estoppel argument and found that there is no rational nexus or rough proportionality between the work proposed by an applicant on a private residence a mile from the coast and a lateral public access easement imposed by the Commission as a condition of approval. Accordingly, the easement condition amounted to an unconstitutional taking. (Bowman v. Cal. Coastal Com. (Oct. 23, 2014).)
In 2002, the property owner of ...
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