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Archive for March, 2010

California Coastal Commission - A Gaseous, Solid Waste

Sunday, March 28th, 2010

The California Court of Appeals ruled that a 15-minute, Fourth-of-July fireworks display on private property in Gualala, California, is a “development” that may be regulated by the California Coastal Commission through its permitting process. The reason? A fireworks display emits “gaseous” and “solid” waste. (PLF)

With this decision, the Coastal Commission likely will tout there is no thing nor any limit to the human activities that it can regulate. Last year the coastal Ayatollahs went after night football. Maybe these kinds of capricious lawsuits is why the Department of Justice is over budget $30million?

What next?

Does the California Coastal Commission step in and regulate when, where, and how individual freedoms are exercised in the coastal zone?

It would not be surprising if the Commission began demanding permits from individuals who enter the coastal zone, on the theory that mere breathing, walking, or driving is “development” requiring its permitting oversight. (PLF)

Regulating every aspect of human existence is not what the California Legislature or the electorate had in mind when the Coastal Act was enacted in 1976.

This could very well be the death knell for small town fireworks in America. Once a precedent like this is on the books, other regulatory committees in other states can do the same thing by citing the California ruling.

Learn more bout a “gaseous” and “solid” waste.  Attend a California Coastal Commission meeting. Afterwords, you can also add “financial” waste to the list.

MEMO TO: Sara Wan RE: The Coast is Under Attack

Tuesday, March 9th, 2010

Sara, read your open letter on CALITICS website, and I’d like to share a few thoughts.

Aren’t you being a bit over dramatic, crying wolf, telling everyone that the coast is under attack? Unless of course, you’re saying The Crab Monsters are at it again… and that’s some serious Mojo.

On the contrary, Ms. Wan, coastal people say that you, the California Coastal Commission, are the attackers.

People living along the coast of California welcome this new legislation, and consider it is very good news for ALL the people of California especially if pending legislation in the Public Rights Division of the Department of Justice (DOJ)  requires the Coastal Commission to pay for all legal services previously supplied by the Attorney General (and swept under the rug - so to speak). The People of California need to know how much your commission really spends..

This is something that should have been done long ago - but now is a good time to start.

The California families you sue, that defend themselves in court against the California Coastal Commission, pay their own legal bills.

Maybe now is a good time for the CCC to return to doing what you were supposed to do when the voters passed proposition 20, e.g., protect the coast, that area from the mean high tide land to 1,000 yards in land. By the way you do such good work on the Navy Sonar marine mammal issues and overwhelming plastic debris…why not just stick the coast of California, as it was defined before you and the California Coastal Commission skewered the definition of “coast” to allow you to blitz-krieg  inland?

This new budget proposal would force you to stay away from people’s homes, and private property…and stay the heck out of their lives.

This would also mean the California Coastal Commission would be have to think real hard before it capriciously attacked picnic tables, rogue rose bushes, eucalyptus trees, horses,  sheep, goats, showers, house colors, trespass on private property, spy on folks, extort people’s land out from under them in exchange for a building permit or any other stuff like that.

This may be also a good time to send Mr. Cease-and-Desist Douglas packing especially since he’s so darn sue-happy.  You commissars have done enough to wreck life, liberty and the California economy. Maybe this may be why so many Californians are angry.

You also say that, ” the commission may be unable to initiate lawsuits to protect public access or other coastal resources.” This is a load of rubbish. I’m sure you will still have an appropriate budget to be spent wisely… like on the beach -however this also means you have to close your department of silly lawsuits. In case you elitist imperialists haven’t noticed… times are tough for We the people.

You say, “Jerry Brown’s (the Attorney General) budget people support this bad idea.” Could that mean Jerry B does too? And perhaps what you’re calling a bad idea is actually a real good idea…and an idea that is  way overdue.

You say, “this also effectively means that the Commission would be unable to deny any applicant or to impose any conditions on any proposal that the applicant opposes, based on whether the Commission could afford the cost of litigation.”  Yes, that is what it effectively means.

What this proposal also suggests is that  your bad-ass commission needs to stop the 30 year wave of terror. Quit lying and trying to steal folk’s land, then hiding underneath the judge’s robes. And most important of all - quit storm-trooping around people’s private property.

Like what you’re reading? Here’s how you can help --

SINS OF COMMISSION is fiscally sponsored film by International Documentary Association, a 501c3 non-profit organization dedicated to the art and advancement of all documentary films.

This means you can support SINS OF COMMISSION and receive a tax deduction at the same time when you donate through the International Documentary Association. Simply click the DONATE NOW link on the upper right… or the Crab Monsters may attack you next..

California Coastal Commission - Pirates of California

Sunday, March 7th, 2010

Many good citizens up and down the coast of California would agree, these are treacherous times on the California Coast.  While the California Coastal Commission’s shills gloat that “justice” has been done in Corona del Mar… has it?  And if so, exactly what justice was it…and what is the cost to all the citizen of California? I would be amused my fair state spent decades and countless thousands of dollars and man-hours against a picnic table if it wasn’t so pathetic. Why doesn’t the governor or legislature have the balls to stand up to the California Coastal Commission?

The answer is, for the past 30 years, a revolution has been underway on the California coast orchestrated by a petty tyrant named Peter Douglas. This revolution as been largely unnoticed except for the poor unfortunates who have come up against this putsch in land use management. If the commission succeeds at what they do, then their actions become a template for other quasi judicial organizations like them in other states.

This revolution can be identified by the sophisticated land acquisition techniques that stir conflict between property rights and environmental resources - like improperly designating land ESHA when it isn’t. Placing an endangered species on an unsuspecting party’s land, and then “finding it” later. Declaring puddles, ruts and pot holes to be wetlands. Nasty stuff like that. Other techniques include trespassing, spying, bleeding families of all of their fiscal resources, tying them up in endless, costly litigation, and depriving them of full use of their land, like George and Sharlee McNamee, or in some cases driving them off their land altogether. Yeah, California Coastal Commission supporters, really something to be proud of.

The California Coastal Commission, state land trusts, in concert with the National Park Service, and their proponents break constitutional law, use fake science, skew data... and it’s all accepted by the California judiciary - because regulatory law presumes the commission is correct..

To implement resource protection plans, existing governmental agencies and nonprofit land trusts have experimented with emerging and often controversial nonregulatory approaches to land use problems. In California, this experimentation was accompanied by the creation of new governmental agencies, set up specifically for these purposes.

Joseph E. Petrillo, author “ Coastal Management” Volume 16, Issue 1 1988

Our government’s been bought out from under us.

Another issue that is integral to understanding the extraordinarily high win rate of the California Coastal Commission in courts is the issue of a fair, incorruptible judiciary. Our government is not broken; it’s been bought out from under us. No wonder people have lost faith.

In the movie, “Mr. Smith Goes to Washington,” idealistic freshman US Sen. Jeff Smith (Jimmy Stewart) reminds us that it is the struggle that counts. “Lost causes are the only causes worth fighting for,” he says. Just before collapsing on the Senate Floor, he croaks, “you fight for the lost causes even harder than the others

California Coastal Commission Sues Over a Backyard Picnic Table

Thursday, March 4th, 2010

George and Sharlee McNamee have a beautiful home and a bounty of children and grandchildren who visit them in their Corona Del Mar, California.

Life should be good. It’s not. The reason: For the last decade, the McNamees’ backyard has been a battlefield. The retired couple has spent $250,000 in legal fees fighting for the freedom to use a picnic table, a built-in barbecue pit and other amenities in their own backyard.

The Coastal Commission issued a cease-and-desist order against the McNamees in May, 2004

We fight for two reasons, property rights and freedom,” says George McNamee, a silver-haired former insurance salesman. “My wife and I decided a long time ago, those two things matter. Without that, there isn’t much left.”

The commission wants the McNamees to convert their private backyard into a public nature reserve for the pleasure of the viewing public,” said the couple’s attorney, Paul Beard, of the Pacific Legal Foundation. “It is important we are able to restrain these kind of unelected, unaccountable bureaucrats in order to set an example to other agencies around the country that people have property rights that need to be respected.”

(FoxNews.com)

Although it is not, strictly speaking an eminent domain case, the case raises fundamental issues of property rights: Although the Coastal Commission hasn’t formally confiscated the McNamees’ beach property, the Commission is trying, effectively, to take control of their land. (PLF)

The case also illustrates the arrogance of the California Coastal Commission, a un-elected rogue agency long notorious for abusing property rights and property owners.(PLF)

The McNamees offered a compromise — they would get rid of the flower garden, palapa and shed if they were allowed to keep the picnic table, shower and barbecue.

The commission said no.

(FoxNews.com)

Is frivolous, capricious, and costly litigation over beach furniture the best use of the State of California’s scant fiscal resources, the office of the state Attorney General, The California Coastal Commission and the judiciary?

I think not.



 
 
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