ELR Citation: ELR 20593
No(s). 31918 (Cal. Super. Ct. Oct 27, 1971)

Where state Business and Professions Code requires ocean coastline subdivisions to provide public access to land below ordinary high watermark, where County Planning Commission required that developer provide footpath for public in compliance with Code, and where Board of Supervisors reversed ruling on alleged grounds that footpath would disturb fragile ecology of area, create public hazard and encourage trespass on development property, writ of mandamus will issue requiring Board to vacate decision and comply with statute. Public has standing to bring this action or Code provision would be meaningless. Requirement for public access does not violate Due Process or Equal Protection Clauses of Constitution, citing Associated Homebuilders v. City of Walnut Creek, 1 ELR 20223.

Counsel for Plaintiffs:
James Luther
116 E. South School Street
Ukiah, CA 95482
(707) 462-6666

Counsel for Respondent:
Leo Cook
P.O. Box 418
Ukiah, CA 95482
(707) 462-2604

Evelle Younger Attorney General
State Capitol
Sacramento, CA 95814
(916) 445-9555