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Posts Tagged ‘George McNamee’

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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