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Article: Permit rejection upheld; however, court allows gates to block access.(coastal act)(Coastal Commission)(LT-WR)
- Article from:
- California Planning & Development Report
- Article date:
- September 1, 2007
CopyrightCOPYRIGHT 2007 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Coastal Commission's denial of an application for after-the-fact approval of a caretaker's mobile home, a storage shed and other facilities at the site of an antenna farm in the Santa Monica Mountains has been upheld by an appellate court. However, the court ruled that the commission could not prevent the property owner from erecting gates and "no trespassing" signs.
The commission refused to approve the gates and signs across a road because hikers, equestrians and others use the road and there are "potential prescriptive rights." But the court found the prescriptive rights to be "speculative" and concluded, "[T]he commission is not vested with the authority ...