Risks of Accepting the Conditions of a Permit "Under Protest" If You Plan to Litigate

A recent court decision highlights the risks of accepting the conditions of a permit “under protest” and proceeding with the project while attempting to litigate the conditions.  After winter storms damaged the seawall protecting their bluff-top properties, homeowners sought a permit from the California Coastal Commission to build a new seawall and repair their beach access stairway. The Commission granted the permit subject to several mitigation conditions. The  homeowners filed an administrative mandate petition objecting to two of the conditions but then proceeded with construction. The Supreme Court decided that the owners forfeited their right to challenge the conditions because they accepted the benefits of the permit by proceeding with construction.  

Lynch v. California Coastal Commission.PDF

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