SOURCE: Hopkins & Carley

October 25, 2013 16:54 ET

Judge Grants Summary Judgment in Favor of Owner of Martins Beach

SAN JOSE, CA--(Marketwired - Oct 25, 2013) -  On Thursday, October 24, 2013, San Mateo County Superior Court Judge Gerald Buchwald upheld the private property rights of Martins Beach 1, LLC and Martins Beach 2, LLC, the owners of beachfront property in Half Moon Bay. In a highly anticipated ruling, Judge Buchwald granted Summary Judgment in favor of the property owner in a lawsuit brought by a group referred to as "Friends of Martins Beach," who claimed they have a right to traverse private property to access a beach known as "Martins Beach." The Judge found that under long-standing United States Supreme Court precedent there is no right of public access to the property. Jeff Essner of Hopkins & Carley, counsel for Martins, stated:

"The controversy around Martins Beach involves important property rights that only the courts can decide. We are very aware of the community concern about the situation and it is unfortunate that we were forced into the legal process rather than a conversation with the community. The property owner strives to be a constructive member of the community, but it is difficult to have this conversation without the legal clarification on property rights and an acknowledgement of those rights. We are pleased with this ruling and thankful for this clarification."

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