The Supreme Court of the United States rejects the multimillion-dollar appeal in the demand for access to the...

The Supreme Court of the United States rejects the multimillion-dollar appeal in the demand for access to the... https://www.eresviral.com/wp-content/uploads/2018/10/La-Corte-Suprema-de-los-Estados-Unidos-rechaza-la-apelación-multimillonaria-en-la-demanda-de-acceso-a-la-playa-de-California

The Supreme Court of the United States rejects the multimillion-dollar appeal in the demand for access to the beach in California







LOS ANGELES (Reuters) - The United States Supreme Court handed a victory to defenders of open access to the California coast on Monday, rejecting the appeal of a multi-billion dollar venture capitalist seeking to keep a popular beach closed behind a door as your exclusive property. 











FILE PHOTO: A sign and a locked door are displayed at the entrance of a private road to Martins Beach, a popular surfing and fishing spot in Half Moon Bay, California, USA. UU., March 14, 2013. REUTERS / Robert Galbraith / Stock Photo





The High Court's refusal leaves a state appeals decision intact that requires Sun Microsystems co-founder Vinod Khosla to apply for a permit from the California Coastal Commission to restrict public entry to Martins Beach in San Mateo County to the south from San Francisco. 

The Supreme Court rejects the vast majority of petitions it receives, with at least four of its nine judges (one position currently vacant) that must agree to hear any particular case. 









FILE PHOTO: Venture capitalist Vinod Khosla arrives at the San Mateo County Superior Court in Redwood City, California, USA. UU., May 12, 2014. REUTERS / Stephen Lam / Stock Photo



If the four conservatives in the court had voted en bloc to grant Khosla's appeal, he would have questioned a principle of coastal management in California for a long time. 

The state constitution and the California Coast Law generally guarantee public access to all 1,100 miles of the California coast from the mid-high tide line of a beach to the water's edge.  

Advocates of open access have insisted that owners of beachfront property seek the approval of the Coastal Commission for any activity that limits the public use of a beach. 

The coastal protection group of the Surfrider Foundation said that former landowners dating back a century have allowed locals to enter Martins Beach for a fee. The group filed a lawsuit after Khosla closed the beach access road behind a closed gate and placed security guards there as of 2009, refusing to request permission to do so. 









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A state Superior Court judge sided with Surfrider in 2014, finding that Khosla was in violation, and a state appeals court affirmed that decision three years later. The door reopened after that.  

Khosla applied to the US Supreme Court. UU To review the case after the state Supreme Court refused to hear it. 

"We are grateful for the California Coast Act's promise that you can not buy a beach, but belongs to the public, has survived the whims of a billionaire, who risks destroying the protections of the law," said Eric Buescher, a lawyer representing Surfrider.  

A lawyer from Khosla, owner of the land facing the sea in question through limited liability corporations, said that his client would abide by the result and request the required permit. But she said he was disappointed. 

"No owner of a private business should be required to obtain a permit from the government before deciding who he wants to invite to his property," said attorney Dori Yob Kilmer, who has presented the dispute as a struggle to preserve property rights. 

The case echoed a similar legal battle over the efforts of record mogul David Geffen to avoid using a walkway to Carbon Beach near his Malibu home in southern California. That dispute was finally resolved in 2005. 





Report of Steve Gorman in Los Angeles; Edited by Darren Schuettler





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