Legal battle underway over seawall in Encinitas

ENCINITAS, Calif. - A legal battle is underway over seawalls and staircases down to the beach in Encinitas.

A new seawall was erected after a storm tore through the coast in late 2010, causing a catastrophic bluff collapse. Homeowners followed the permit process in rebuilding the protective wall and re-attaching the steps down to the sand.

Jennifer Lynch, whose family has owned one of the properties since 1970, told 10News, "We did everything asked of us. Of course we want to be able to live on the property, enjoy the property and not worry about it falling … not be worried about people at the beach suffering from a fall."

But the California Coastal Commission took them to court, asking for the permit to expire after 20 years. The homeowners won that suit but it is now on appeal.

Attorney Paul Beard argued the case for the homeowners. 

"Their policy preference is to have no armoring; no seawalls along the coast," he said.

The court of appeal is to rule within 90 days.

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