
"Carlsbad homeowner John Levy's lawsuit against the Coastal Commission disputes penalties over two locked gates, native vegetation, a wedding site and pickleball court. It also challenges the commission's authority to exact multi-million dollar fines without judicial review. The commission, which protects public access and environmental quality in the Coastal Zone, a strip of land that follows California's shoreline, accused Levy of blocking public access to the beach, removing shorebird habitat and illegally installing the pickleball court. It fined him $2.4 million for those offenses."
"Levy contends the two gates that the commission wants him to open have complex property rights issues. He said he has honored environmental protections, and while he built the court without proper permits, he's working with the city to fix that. Those are ordinary matters before the commission, concerning how the public can access coastal property and what gets built there."
"At the October hearing, Rob Moddelmog, enforcement counsel for the Coastal Commission, said Levy could have avoided the years-long conflict by complying with the California Coastal Act. At any point in that period of time, Mr. Levy could have simply opened his gate and removed his padlock from another gate within the easements, and removed development from the wetland buffer, and avoided this entire proceeding, Moddelmog told commissioners."
John Levy sued the California Coastal Commission, disputing penalties tied to two locked gates, removal of native vegetation, use of a wedding site and an unauthorized pickleball court. The commission accused Levy of blocking beach access, destroying shorebird habitat and installing the court, and fined him $2.4 million. Levy says the gates involve complex property rights, asserts compliance with environmental protections, and admits the court lacked permits but is working with the city to remedy that. Levy also alleges the commission violated his due-process rights by imposing multi-million-dollar fines without judicial review and by retaining penalty funds for its programs.
Read at www.mercurynews.com
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