abers076
04-14-2010, 03:48 PM
Glad to see the Constitution working on a local level. Very interesting case, and in my hometown!
http://www.hmbreview.com/articles/2010/04/12/news/breaking_news/doc4bc397d2e214c194854816.txt
An El Granada landowner won a court decision over the California Coastal Commission on Monday.
Dan Sterling and his family live on 143 hilltop acres above El Granada. For nearly a decade, the Sterlings have sought to build a house on the land. In 2005, they applied for a permit to construct a 6,456-square-foot house, complete with water storage tanks and a septic system.
The Coastal Commission ultimately stepped in. The Sterlings say they were required to designate all but 10,000 square feet of the scenic, hilly property as agricultural easement in exchange for the right to build the house. Last year, the family filed suit against the Coastal Commission in San Mateo County Superior Court.
Monday the court ruled the requirement unconstitutional.
“While the (Coastal) Commission may have jurisdiction to impose an affirmative agricultural easement under the Local Coastal Plan, the imposition of the easement here constitutes an unconstitutional taking…” wrote Judge George Miram in his writ vacating the requirement.
Congrats on the poll #'s today!!!!!!!!!!!!
http://www.hmbreview.com/articles/2010/04/12/news/breaking_news/doc4bc397d2e214c194854816.txt
An El Granada landowner won a court decision over the California Coastal Commission on Monday.
Dan Sterling and his family live on 143 hilltop acres above El Granada. For nearly a decade, the Sterlings have sought to build a house on the land. In 2005, they applied for a permit to construct a 6,456-square-foot house, complete with water storage tanks and a septic system.
The Coastal Commission ultimately stepped in. The Sterlings say they were required to designate all but 10,000 square feet of the scenic, hilly property as agricultural easement in exchange for the right to build the house. Last year, the family filed suit against the Coastal Commission in San Mateo County Superior Court.
Monday the court ruled the requirement unconstitutional.
“While the (Coastal) Commission may have jurisdiction to impose an affirmative agricultural easement under the Local Coastal Plan, the imposition of the easement here constitutes an unconstitutional taking…” wrote Judge George Miram in his writ vacating the requirement.
Congrats on the poll #'s today!!!!!!!!!!!!