A lawyer for a citizens’ group that wants to keep Martins Beach on the San Mateo County coast open to the public said Tuesday that the organization will appeal an adverse appeals court ruling.
The beach near Half Moon Bay was bought in 2008 by Silicon Valley venture capitalist Vinod Khosla, who began seeking to close it to the public in 2009.
Gary Redenbacher, a lawyer for Friends of Martins Beach, said the group will ask the California Supreme Court to review a decision Monday by the state Court of Appeal in San Francisco.
In that ruling, the appeals court rejected the group’s claim that beachgoers’ use of the only road to the cove over the years resulted in a dedication of the road to public use. The court upheld a trial judge’s conclusion that the fact that a parking fee was charged meant that the road was not permanently dedicated to public use.
Redenbacher said, “I feel that the appeals court made new rules on the dedication of public ways. I want to see whether the state Supreme Court wants to review the nuances of that decision.”
The case will not immediately affect the current public access to the beach, however. Another lawsuit by the Surfrider Foundation resulted in rulings that Khosla’s beach management companies must obtain a permit from the California Coastal Commission before they can change the use of the beach by closing the road.
A lawyer for Khosla was not immediately available for comment on whether a permit application has been filed with the commission.
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