2 ms·

But does he have that? That is the part that is unclear. Is there an easement in this property that somehow nobody seems to point to?

• toomuchtodo 9y ago
  That part is not unclear. https://www.kcet.org/history-society/why-californias-beaches-are-open-to-everyone https://www.kcet.org/history-society/why-californias-beaches...
  • hyperliner 9y ago
    I think it is not settled law: "Joan Gallo, a former San Jose city attorney who represents the land owner, agreed that the courts should weigh in. The Deeneys had run a private business, she said, allowing invitees of their choosing onto the property, and that hadn't changed. "It seems to us that it's an important issue to be litigated," Gallo said. "I have a strong belief that the Constitution doesn't require you to give up property rights or conduct a business you don't want to conduct." Mark Massara — a surfer and attorney who is working with McClosky and the law firm Cotchett, Pitre & McCarthy on the case — said he believed the constitutional arguments have merit. But since that approach could drag on for years (think Geffen), his team opted for "a very narrow strike to the heart of this thing."
    • DannyBee 9y ago
      Speaking as a california lawyer: This is quite literally some of the most settled law california has. Sorry, despite your repeated assertions to the contrary in this thread: california laws on beach access are incredibly clear.