Quick Take
A judge with the Santa Cruz County Superior Court will hear arguments March 16 in what could be the final chapter of a yearslong dispute between the Rio Del Mar Beach Island Homeowners Association and Santa Cruz County over public access to an 800-foot beachfront walkway in Aptos. The hearing follows the California Supreme Court’s December decision to decline review of an appellate ruling that found the path public, as the county pushes to have a fence removed and the HOA seeks to keep it in place while remaining legal issues are resolved.
After the California Supreme Court declined in December to take on the question of the public’s right to access a beachfront walkway in Aptos, the case returned to Santa Cruz County Superior Court, where a judge next month will hear what are expected to be the final arguments in the yearslong battle.
County officials say that the decision not to review the case by the state’s highest court maintains an October ruling by the Sixth District Court of Appeals that the 800-foot stretch of walkway adjacent to beachside homes is public. Since February 2024, a fence erected by the HOA has blocked the public’s access.
County spokesperson Jason Hoppin told Lookout on Tuesday that after a scheduling hearing last week, the parties will be meeting on March 16 to figure out the next steps.
“We do maintain that [the fence] is a public nuisance,” said Hoppin. “They should take it down as soon as possible.”
For years, the Rio Del Mar Beach Island Homeowners Association has fought to keep the walkway along Seacliff State Beach private, while government agencies have argued that it has always been public. The association’s attorneys filed a motion last week requesting that the court issue a preliminary injunction allowing them to keep the fence up as final legal arguments are heard.
John Erskine, the HOA’s attorney with California-based firm Nossaman LLP, didn’t respond to a request for comment.
In January 2023, the homeowners installed a fence to block access, but the California Coastal Commission later ordered them to take it down and fined the HOA nearly $5 million. In February 2024, they built a larger fence, which remains in place currently. That month, the Santa Cruz County Superior Court agreed with the HOA that the walkway belonged to the homeowners, allowing them to restrict access to the public.
But last October, the Sixth District Court of Appeals ruled in the county and the state’s favor, overruling the local court. The homeowners association then asked for a review by the California Supreme Court, which denied the request in December.
Hoppin said both parties have submitted motions to Santa Cruz County Superior Court to ask for judgments in their favor. He said the county is arguing that the case has been decided and that the fence has to come down to allow for public access.
“They claim there are outstanding issues under the [California] Coastal Act that need to be resolved. We don’t think there are,” he said. “We think this is all settled law, that this is just an attempt to delay.”
He said it’s not clear if the judge will immediately issue a ruling after hearing the arguments.
The hearing is scheduled for March 16 at 8:30 a.m. with Judge Syda Cogliati.
Have something to say? Lookout welcomes letters to the editor, within our policies, from readers. Guidelines here.
