Billionaire takes beach access fight to U.S. Supreme Court

A San Francisco appeals court ruled in August that Khosla, a co-founder of Sun Mycrosystems, broke state law when he blocked the public from Martins Beach, south of Half Moon Bay. He bought a $32.5 million beachfront property there in 2008 about 30 miles south of San Francisco.

His attorneys say California’ courts wrongly decided that owners of private beachfront property need to first obtain the government’s permission before exercising their private property rights.

In October, the California Supreme Court turned down an appeal by Khosla for review of a state Court of Appeal decision issued in August. In its August decision, the appeals court said Khosla could not block access to the beach through adjacent land he bought in 2008 unless he obtained a permit from the California Coastal Commission.

The panel said ending public access is a form of development as defined in state law and would therefore require a permit from the commission. The appeals court upheld a similar ruling and a preliminary injunction issued by San Mateo County Superior Court Judge Barbara Mallach in 2014, requiring Khosla to keep access to the beach open the same amount as the previous owners. The beach is used by surfers, families and fishermen.

The rulings were made in a lawsuit filed by the San Clemente-based Surfrider Foundation against two beach management companies created by Khosla.