Seawall fight could go to high court

The back-and-forth battle over an Encinitas seawall could land in California’s highest court, in a case that could affect the future of the controversial structures along California’s coast.

Attorneys for two families who are fighting to remove the expiration date on a permit for a seawall they built to protect their bluff-top homes filed a petition Monday asking the California Supreme Court to review the case. An appellate court ruled in September that the California Coastal Commission could limit the life of such walls to 20 years.

In a statement announcing that the petition had been filed, the attorney for the Frick and Lynch families said the commission is “trampling” on his clients rights.

“We are asking the California Supreme Court to hear this case so that these homeowners, and all property owners along the coast, can be protected from the Coastal Commission’s obsessive crusade against seawalls,” attorney Paul Beard said.

The case highlights an ongoing debate over seawalls, which property owners argue are necessary to fend off erosion and protect homes, but others — including the Coastal Commission — say prevent the wear and tear on bluffs that is critical to sustaining healthy beaches.

The Encinitas fight involves a 100-foot seawall and staircase to the beach that were destroyed when heavy rains led to a bluff collapse in late 2010.

The city of Encinitas gave the two Neptune Avenue homeowners permission to rebuild both structures.

The Coastal Commission, however, denied the staircase request and approved the seawall permit only with the condition that it would expire in 20 years. At that point, the families would have to reapply to keep the wall.

The homeowners sued the state agency over the seawall and the staircase.

A trial judge sided with the families in April 2013. But in September, an appeals court reversed the ruling, affirming the Coastal Commission’s ability to set time limits on how long the walls can be in place.