We get that chicken and egg vibe from the California Court of Appeal’s opinion in Surfrider Foundation v. Martins Beach 1, LLC, No. A144268 (Aug. 9, 2017), a case that has been in the hopper for a while, but due to this-and-that we haven’t gotten around to posting about until now.
Our procrastination has allowed our colleagues at the California Eminent Domain Report to beat us to the punch with trenchant analysis, and Brad Kuhn has posted “Court Holds Temporary Injunction on Martins Beach Access Dispute Does Not Constitute a Taking.”
We say “chicken and egg” because the question in the case
Surfrider Foundation v. Martins Beach 1, LLC, No. A144268 (Cal. App. Aug. 9, 2017)