Martins Beach 1, LLC v. Surfrider Foundation

Petition for certiorari denied on October 1, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1198 Cal. Ct. App. N/A N/A N/A N/A OT 2018

Issues: (1) Whether a compulsory public-access easement of indefinite duration is a per se physical taking; and (2) whether applying the California Coastal Act to require the owner of private beachfront property to apply for a permit before excluding the public from its private property; closing or changing the hours, prices, or days of operation of a private business on its private property; or even declining to advertise public access to its private property, violates the takings clause, the due process clause, and/or the First Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 11 2018Application (17A735) to extend the time to file a petition for a writ of certiorari from January 23, 2019 to February 22, 2019, submitted to Justice Kennedy.
Jan 12 2018Application (17A735) granted by Justice Kennedy extending the time to file until February 22, 2018.
Feb 22 2018Petition for a writ of certiorari filed. (Response due March 28, 2018)
Mar 06 2018Blanket Consent filed by Petitioners, Martins Beach 1, LLC and Martins Beach 2, LLC.
Mar 28 2018Brief amicus curiae of California Business Properties Association filed.
Mar 28 2018Brief amici curiae of Pacific Legal Foundation and Western Manufactured Housing Communities Association filed.
Mar 28 2018Brief amici curiae of California Association of Realtors, et al. filed.
Mar 28 2018Brief amicus curiae of Institute for Justice filed.
Apr 11 2018DISTRIBUTED for Conference of 4/27/2018.
Apr 12 2018Response Requested. (Due May 14, 2018)
Apr 18 2018Motion to extend the time to file a response from May 14, 2018 to June 13, 2018, submitted to The Clerk.
Apr 19 2018Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2018.
Jun 13 2018Brief of respondent Surfrider Foundation in opposition filed.
Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
Jun 27 2018Reply of petitioners Martins Beach 1, LLC and Martins Beach 2, LLC filed. (Distributed)
Oct 01 2018Petition DENIED.
 
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