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The Climate Litigation Database

Casa Mira Homeowners Association v. California Coastal Commission

About this case

Filing year
2021
Status
Petition and complaint filed.
Docket number
21-CIV-03202
Court/admin entity
United StatesState CourtsCalifornia Superior Court (Cal. Super. Ct.)
Case category
Adaptation (US)Challenges to adaptation measures (US)Constitutional Claims (US)Fifth Amendment (US)
Principal law
United StatesFifth Amendment—Takings
At issue
Challenge to the California Coastal Commission's approval of an amendment to the City of Half Moon Bay's Local Coastal Plan/Program, which would prohibit long-term shoreline protective devices.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
06/09/2021
Petition and complaint filed.
A homeowners association and its members challenged the California Coastal Commission's approval and certification of the City of Half Moon Bay's amendment to its Local Coastal Program/Plan (LCP), which prohibited long-term shoreline protective devices. The petitioners asserted that the approval and certification violated the California Coastal Act and exceeded the Commission's authority, and that the actions constituted a taking without just compensation in violation of the U.S. and California Constitutions. The petitioners alleged that their homes faced a threat of bluff collapse and erosion and that the LCP amendment would limit them "to three long-term options to address bluff erosion and sea level rise – retrofitting, removal or relocation." The petitioners contended that these limits were inconsistent with rights bestowed on property owners by the Coastal Act.
Petition

Summary

Challenge to the California Coastal Commission's approval of an amendment to the City of Half Moon Bay's Local Coastal Plan/Program, which would prohibit long-term shoreline protective devices.

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Group
Topics
Policy instrument
Risk
Economic sector
Adaptation/resilience
Finance